PRABHUBHAI JAGABHAI BHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal filed under Section 374 of the Code of Criminal Procedure ('the Code' for short) is to the correctness of the judgment and order dated 27.7.2001 rendered in Sessions Case No.253 of 2000 by the learned Additional Sessions Judge, Baroda by which the sole appellant/accused ('the accused' for short) has been convicted for commission of the offence of murder of his wife Kashiben punishable under Section 302 of the Indian Penal Code ('IPC' for short) and sentenced to imprisonment for life.

(2.) THE prosecution case as disclosed from the FIR and unfolded during trial is as under:

(3.) MR . JM Buddhbhatti, learned advocate appointed by the Legal Aid Committee for the accused, has fairly conceded that Kashiben has died a homicidal death. However, according to him, there is contradiction with regard to the time of the incident and, therefore, possibility of falsely roping the accused in a murder case of his wife cannot be ruled out. He therefore submitted that the impugned judgment and order of conviction and sentence deserves to be quashed and set aside by allowing the appeal. He, therefore, urged to allow the appeal.