KESHRISINH THAKHATSINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal, under Section 374 of the Code of Criminal Procedure, 1973, has been filed by the original accused in Sessions Case No. 56 of 2013 (Old Sessions Case No. 17 of 2012). By the judgement and order dated 29.11.2013 passed by the Third Additional Sessions Judge, Sabarkantha, the appellant was convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and was ordered to pay fine of Rs.2000/-, in default, to undergo rigorous imprisonment for three months.

(2.) The learned Sessions Judge framed charge which is at Ex.4. According to the charge so framed, it was alleged that on 26.09.2011 at 1930 hours, the appellant, taking advantage of Taraben (Udesinh's wife) being alone at home, tried to outrage her modesty. When Taraben ran towards Amratben's house, the appellant followed her, pulled her hand and hit her on the head with a wooden peg causing her death. The appellant was accordingly charged for an offence under Section 302 of the Indian Penal Code. In addition thereto, for having threatened the complainant Udesinh - husband of Taraben over the telephone, he was also charged for having committed offence under Section 507 of the Indian Penal Code. For possession of wooden peg, he was so charged under Section 135 of the Bombay Police Act, 1951.

(3.) After evidence was led where witnesses were examined and documents were produced and after recording the statement and further statement of accused under Section 313 of the Code of Criminal Procedure, 1973, the learned Sessions Judge held the accused guilty of the offence under Section 302 of the Indian Penal Code. The learned Sessions Judge, however, awarded acquittal under Section 507 of the Indian Penal Code and Section 135 of the Bombay Police Act, 1951.