BHIKHABHAI NANABHAI JINJALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been filed by the appellant-original accused under section 374 (2) of the Code of Criminal Procedure, 1973 challenging the judgment and order of conviction and sentence dated 09.01.2012 passed by the 3rd Additional Sessions Judge, Bhavnagar, camp at Mahuva, rendered in Sessions Case No. 9 of 2011, whereby the appellant accused has been convicted for the offences punishable under sections 302 and 324 of IPC read with section 135 of the Bombay Police Act, and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 1,000/- in default thereof to undergo simple imprisonment for a period of 1 month. The appellant has also been convicted for the offence punishable under section 324 of IPC and sentenced to undergo rigorous imprisonment for a period of 3 years and pay fine of Rs. 200/- in default thereof to undergo simple imprisonment for a period of 15 days.

(2.) The case of the prosecution as unfolded before the Sessions Court was that on 29.09.2010, a complaint came to be lodged before the Talaja police station by the complainant Batukbhai Nanbhai Hadhiya in respect of death of his sister Baghuben. It was alleged inter alia that the complainant had six brothers and four sisters out of whom, his second sister i.e. Baghuben had married the accused Bhikhabhai Nanabhai Jinjala. Out of their wedlock, they had two sons and one daughter named Ramesh, Prakash and Manisha respectively. His brotherinlaw Bhikhabhai was not doing any work and was of aggressive nature. He used to often quarrel with his sister and beat her. Therefore, his sister alongwith her children and husband had come to reside at village Ralgon i.e. the village of complainant. On 29.09.2010 at about 4.00 a.m. the complainant and his brothers were sleeping at their home, and at that time his cousin Bhavanbhai Mangabhai came and told them that some noise of quarrel was coming from the house of Baghuben. The complainant and his brothers therefore went to the house of their sister and saw that his sister Baghuben was lying on the cot in veranda of their house and was bleeding as she had received severe injuries on her head. She was not able to speak. The complainant also saw that his niece Manisha was lying on the floor and was also seriously injured, and when asked his niece Manisha told in scattered language that her father had quarrelled with her mother and he had injured her mother by giving blows with a steel hammer on her forehead, and that when she tried to intervene, her father also gave blows with the hammer on her ear and back. The complainant thereafter called the ambulance and took his sister and niece to Talaja government hospital for treatment. His brotherinlaw i.e. accused had fled away from the place after the said incident.

(3.) The said complaint was registered at Talaja police station as C.R. No. I86/2010 against the appellant accused for the offences punishable under sections 302 and 307 of the IPC read with section 135 of the Bombay Police Act. Investigating Officer after carrying out the investigation and collecting sufficient evidence against the appellant accused, had filed the charge-sheet in the court of Judicial Magistrate First Class, who committed the case to the Sessions Court, which was registered as the Sessions Case No. 9 of 2011.