MUKESHBHAI @ DON CHANABHAI HALPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this appeal, under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code"), the appellant accused has challenged the judgment and order of conviction and sentence dated 06.06.2011 passed by the learned Sessions Judge, Navsari (hereinafter referred to as "the trial court"), in Sessions Case No.50 of 2010, whereby the appellant has been convicted for the offence punishable 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, two years simple imprisonment.

(2.) The case of the prosecution, briefly stated, is that the appellant accused was doing the labour work who was married to deceased Gulabben. The complainant bother of the deceased is having two other sisters viz. elder sister Dahiben and second one is Gulabben. Gulabben was married to the appellant, and since last 20 years they were residing in their faliya, she was having four daughters and one son. Since one year the accused used to torture physically deceased Gulabben, when she used to refuse to give money for liquor. The complainant and their family members had tried to convince the appellant, but he never agreed. On 30.07.2010, at about 06.30 hours in the morning, when the complainant was at home at that time his father Kamabhai and Shyam reached there and said that the appellant had given the blow of wooden handle of some weapon in the back side of head of Gulabben, due to which, she died. Thereafter, the complainant had gone to appellant's house and saw his sister lying there with blood stains on the bed. He saw blood oozing from her ear and Shyam, son of deceased had shown the wooden handle to the complainant with which the blow was given. Thereafter, the complainant had inquired from the neighbours and at that time, he came to know from Sarpanch Kalaben that yesterday at about 08.00 at night the appellant and deceased were quarreling regarding money for liquor and at that time the appellant gave the wooden blows on the head and face to Gulabben, and therefore, she died.

(3.) Upon registering the offences, the Investigating Officer has carried out the investigation and after following the due procedure of law, a chargesheet came to be filed before the Judicial Magistrate First Class, Navsari. Since the case was exclusively trial by the court of Sessions, the same was committed to the Sessions Court under Section 209 of the Code of Criminal Procedure. A charge was framed against the accusedappellant and the plea of the accusedappellant was recorded. The accused appellant pleaded not guilty to the charges and claimed to be tried.