NABIMIYA RASULMIYA QURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been preferred by the appellant -orig.accused no.1 (hereinafter referred to as 'the Appellant') against the judgment and order of conviction and sentence dated 29th June 2000 passed by the learned Additional Sessions Judge, Kheda camp at Anand in Sessions Case No.2 of 1999, whereby the present appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code for Life Imprisonment and a fine of Rs.1000/ - and in the case of default, further simple imprisonment for three months has been awarded. He is also convicted for the offences punishable under Sections 498(A) and 201 of the Indian Penal Code. No separate sentence has been awarded for these offences. The orig.accused nos.2 and 3 have been granted benefit of doubt by the trial Court and they have been acquitted. No acquittal appeal has been preferred by the respondent -State against them.

(2.) IT is the case of prosecution that on 03rd August 1998 at about 24 hours at village Bhalej, District Kheda, Mumtazbibi (deceased) who was residing with the appellant (her husband), father -in -law and mother -in -law, was murdered by the orig.accused. It is also the case of prosecution that PW -1 - Ibrambhai Kuresi, complainant and brother of deceased Mumtazbibi, residing at village Borsad, got a telephonic message from PW -4 -Sugrabibi, sister of Mumtazbibi, that Mumtazbibi is found dead in her house. Thereafter, PW -1 came at village Bhalej. They saw dead body of Mumtazbibi and thereafter, she was taken at the burial place and she was buried there. Thereafter, on 05th August 1998 at 14 -45 hours the First Information was given at Umreth Police Station about the aforesaid offence and the same was registered vide C.R.No.I -197 of 1998 with Umreth Police Station (Ex.12). The offence was registered against the present appellant and also against the orig. accused nos.2 and 3 i.e.father -in -law and mother -in -law of Mumtazbibi. Upon completion of investigation, the chargesheet was filed and Sessions Case No.2 of 1999 was registered against them and upon recording evidence, the trial Court gave benefit of doubt to orig.accused nos.2 and 3 and the appellant was convicted mainly for the offence punishable under Section 302 of the Indian Penal Code and, therefore, present appeal has been preferred by the appellant.

(3.) MAINLY the prosecution is relying upon the depositions of PW -1, PW -4, prosecution witnesses and the FIR. As the dead body of Mumtazbibi was found from 'Vada' (compound) of the house of appellant and looking to the medical evidence, the death was due to asphyxia resulting from strangulation and due to probably throttling. The whole case was based upon circumstantial evidence.