MUKESHBHAI DESAIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By Way Of This Appeal, Filed Under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code") , the appellant accused has challenged the judgment and order of conviction dated 20.06.2011, passed by learned Principal Sessions Judge, Bharuch, (hereinafter referred to as the "trial court") , rendered in Sessions Case No.4 of 2010, whereby the trial court convicted the appellant accused under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and is sentenced to undergo imprisonment for life and a fine of Rs.5, 000/ and in default, one month simple imprisonment.

(2.) The Prosecution Case As Per The Charge Exh.5 Is that the marriage of the present accused was solemnized with deceased Shakuben (daughter of the complainant) before 10 Years. After the marriage, the deceased started residing at Village:Dahej with her husband accused. After the marriage, the accused used to frequently beat his wife deceased Shakuben and quarreled with her upon suspecting her character of having illicit relationship. As the deceased Shakuben could not tolerate the same, four months prior to the day of the incident; she went to her father's house at Village:Suwa. After, one month prior to the day of the incident, the accused also went to his fatherinlaw's house and used to stay there with him and his wife deceased Shakuben, where also he frequently quarreled with his wife and threatened to kill her for the same reason. On 106.2009, at about 000 p.m., the accused, while carrying an axe, went with his wife deceased Shakuben to fetch wood. The accused inflicted blows of axe on the head and chest etc. on his wife and committed her murder, and thereby, committed offence under Section 302 IPC.

(3.) Upon Registering The Offences Under Section 302 of the IPC against the accused, the investigating officer has carried out the investigation and after following the due procedure of law, a chargesheet came to be filed before the learned 2nd Additional Civil Judge, Bharuch. Since, the case was exclusively triable by the court of Sessions, after providing papers under section 173(4) of the Code to the accused, the same was committed to the Sessions Court under section 209 of the Code. The same was registered as Sessions Case No.4 of 2010. The charges vide Exh.5 under sections 320 of the IPC was framed. The charge was read over to the accused appellant toto pleaded not guilty to the charges and claimed to be tried.