STATE OF GUJARAT Vs. HARIJAN BHALA TEJA

JUDGEMENT

(1.) THE appellant State of Gujarat has presented this appeal under Section 378 of the Code of Criminal Procedure, 1973 assailing the order of acquittal dated 31.12.1985 passed in Sessions Case No. 26 of 1985 by Additional City Sessions Judge, Bhuj, acquitting the respondent accused for charge of offence of murdering his wife punishable under Section 302 and 201 of IPC for destroying the evidence.

(2.) THIS Court vide order dated 6.8.1986 granted leave and admitted the Appeal.

(3.) IT was the case of prosecution that on 20.2.1985, the accused between 8 -00 O'clock till 12 -00 O'clock at village Nani Chirai committed murder of his wife by strangulating and knowing full that he had committed murder by strangulating his wife and in order to save himself from clutches of law, informed the family members that she died in delivery and buried her dead body and destroyed the evidence and committed offenses punishable under Sections 302 and 201 of the IPC.