IMRAN SATTARBHAI GHADIYALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the impugned judgment and order dated January 19, 2012 passed by the learned Additional Sessions Judge, Gandhidham-Kachchh (hereinafter referred to as 'the Sessions Court') in Sessions Case No.76 of 2009, whereby the appellant-accused has been convicted for the offences punishable under sections 302 and 201 of the Indian Penal Code, as also under section 135 of the Bombay Police Act and has been sentenced to rigorous imprisonment for life and pay fine of Rs.20,000/-, in default thereof, to undergo simple imprisonment for one year for the offence punishable under section 302 of the Indian Penal Code, and rigorous imprisonment for one year and to pay fine Rs.500/-, in default thereof, to undergo simple imprisonment for one month for the offence punishable under section 201 of the Indian Penal Code, and to undergo rigorous imprisonment for one month and to pay fine of Rs.100/-, in default thereof, to undergo simple imprisonment for one month for the offence punishable under section 135 of the Bombay Police Act.

(2.) The case of the prosecution as unfolded before the Sessions Court was that the complainantShankar Hargovind Advani (Sindhi) had lodged a complaint before the Police Sub Inspector, Adipur Police Station on September 19, 2009 against the present appellant-accused alleging inter alia that the accused was working at his office, and was staying in a room permitted by the complainant. It was further alleged that at about 08-30 a.m., when the complainant was at the office, the accused had informed him that one Taraben, who was staying in a room opposite to the house of the accused, was killed and set ablaze by somebody. The complainant on having further asked the accused, he had confided before the complainant that he (accused) was unmarried and he had sexual relationship with the said Taraben. He (accused) had asked the said Taraben to get one 'Sindhi' girl with whom the accused wanted to have sexual relationship. The said Taraben told the accused that it would cost Rs.1000/- and, therefore, the accused had paid her Rs.1000/-, however, the said Taraben had not called the said girl for several days. He (accused), therefore, on the previous day, had gone to the house of Taraben with three bottles of cologne water and also a nunchaku. He asked Taraben to return his money or to get the said Sindhi girl, however, Taraben said that she did not have any money. The accused had got angry and started beating Taraben with nunchaku. The accused thereafter brought a can of kerosene from the house of Taraben, poured the kerosene on her and thereafter, she was set ablaze. The complainant had stated in the complaint that the said confession was made by the accused before him and, therefore, he had come to lodge the complaint against him.

(3.) The said complaint was registered vide I-C.R. No.142 of 2009 with Adipur Police Station for the offences punishable under sections 302 and 201 of the Indian Penal Code and section 135 of the Bombay Police Act. The Investigating Officer after carrying out the investigation and collecting sufficient evidence against the accused had submitted the chargesheet in the Court of Judicial Magistrate, First Class, Gandhidham. The said case was registered as the Criminal Case No.5489 of 2009. The said Court having committed the case to the Sessions Court, the same was registered as the Sessions Case No.76 of 2009. The charge against the accused was framed for the alleged offences, however, he denied the charges levelled against him and claimed to be tried.