VIJAY KARSHAN SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant - convict has filed present appeal u/s 374 (2) of the Code of Criminal Procedure, 1973 challenging judgment and order of conviction and sentence dated 25-1-2001 rendered by learned Addl. Sessions Judge, Veraval in Sessions Case No. 356 of 1999 (Old No. 157/98) convicting him for offence punishable u/s. 302 of the I. P. Code and sentencing him to undergo sentence of life imprisonment and to pay fine of Rs. 500/-, in default thereof, to undergo sentence of 30 days' Simple Imprisonment.

(2.) THE facts of the prosecution case, in brief, are that deceased Dakshaben was married to the appellant before about six years of incident but the appellant doubted her character and was illtreating Dakshaben with taunting remarks. On 9-4-1998 at about 23-30 hours when Dakshaben was sleeping in the house, the appellant strangulated her and on account of strangulation she died.

(3.) ON the basis of the complaint lodged by P. W. 2 Naranbhai Maganbhai offence punishable u/s 498-A and 306 of the I. P. Code was registered against the accused and investigation was started. At the end of investigation charge sheet came to be filed against the accused for the offence punishable u/s 302 and 498-A of the I. P. Code. As the offence was triable by Sessions Court, the case was committed to the Sessions Court, Veraval and it was registered as Sessions Case No. 356 of 1999. Learned Additional Sessions Judge, Veraval framed charge Exh. 1 for the aforesaid offence against the accused. The accused pleaded not guilty and claimed to be tried and therefore the prosecution adduced evidence.