STATE OF GUJARAT Vs. MANGALBHAI JHINABHAI RATHOD

JUDGEMENT

(1.) THE present appeal has been filed by the State of Gujarat against the judgment and order dated 7.3.1987 passed by the learned Additional Sessions Judge, Baroda in Sessions Case No.138 of 1986, whereby the learned Judge has acquitted the accused - respondent of the offence punishable under Section 302 of the Indian Penal Code.

(2.) THE prosecution case, in brief, is that on 21.4.1986, accused Mangalbhai is alleged to have quarreled with his wife for not preparing food. Earlier also, several time, they had quarreled and Narmadaben - deceased went to her father's house but again after conciliation, she returned to her matrimonial house.

(3.) ON the day of incident, accused Mangalbhai started beating his wife Narmadaben with stick and rubber horse pipe and because of several injuries, Narmadaben expired. Thereafter, the accused went to the house of the mother of Narmadaben at Raika. He told the mother and the brother of Narmadaben that Narmadaben is sick and come to see here. Thereafter, mother of the deceased Gangaben and brother went to Dodka village, there they found that Narmadaben is dead. It was allegedly because the accused had beaten Narmadaben with stick and rubber horse pipe. Mother of the deceased Gangaben and brother went back at Raika village and Gangaben mother of the deceased informed this incident to her another son Rameshbhai Mangalbha. Rameshbhai Mangalbhai lodged a police complaint at Bhadarva Police Station.