KARSHANBHAI HANSJIBHAI KOTWADIYA 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 03.11.2011 passed by the learned 4th Additional Sessions Judge, Surat, in Sessions Case No.102 of 2009, 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.3,000/- and in default, one year rigorous imprisonment.

(2.) The prosecution case as per charge Exh.5 that the accused murdered his wife Meenaben by throttling her neck on 2.3.09 on account of having suspicion about her illicit relationship with one Nanubhai Dhanabhai.

(3.) The complaint being C.R No.I-16 of 2009 dated 04.03.2009 was registered by PW-1, Assistant SubInspector, Rameshbhai Kalidasbhai Gamit at Mandvi Police Station, Surat (Rural), Surat. It is stated in the complaint that in the postmortem report of the Medical Officer, Dr.D.C.Gamit, it was revealed that the deceased had died because of asphyxia following throttling of neck. On inquiry being made from the parental side of the deceased and the neighbor, it was found that the husband of the deceased - Karsanbhai used to suspect her and quarrel with her. It is also known that he used to beat her. From the father of the deceased - Chaniyabhai Radyabhai it was revealed that the husband of Meenaben used to beat her. Thus, on the inquiry being made it was found that the husband Karsanbhai had murdered his wife between 21:00 hrs of 02.03.2009 and 2 o'clock of 03.03.2009 at Saliya village in his house on being suspicious of her having illicit relationship.