DINESHBHAI MAHADEVBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant convict has filed the present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction passed on 31-7-2001 by Addl. Sessions Judge, Ahmedabad in Sessions Case No. 389 of 2000 for offences punishable u/s 302 of the I. P. Code and sentencing him to undergo imprisonment for life and to pay fine of Rs. 250/- i/d to undergo R. I. for one month, but acquitted for the offence punishable u/s 135 (1) of the Bombay Police Act.

(2.) IN brief the prosecution case was that the accused was frequently visiting the house of Rameshbhai Ambaram Patel and also visiting his house in his absence to meet his wife Sonalben. On the day of incident, Rameshbhai had gone to attend his job in the morning. Thereafter, at about 5-30 p. m. one Mahesh Prabhudas Patel residing in his neighbour came there and took him to his house. On reaching home, Rameshbhai found that his wife was profusely bleeding and had died and the accused was lying near her in bleeding condition.

(3.) ON the basis of the complaint lodged by Rameshbhai Ambaram, investigation was started. At the end of investigation charge sheet was laid in the Court of learned Metropolitan Magistrate. As the case was triable by Sessions Court, the case was committed to City Sessions Court, Ahmedabad and it was registered as Sessions Case No. 389 of 2000. Learned Addl. City Sessions Judge, Court No. 5, Ahmedabad framed charge Exh. 2 against accused for offences 302-309 of the I. P. Code and u/s 135 (1) of the Bombay Police Act. The accused pleaded not guilty to the charge and claimed to be tried and therefore the prosecution adduced evidence.