BALUBHAI LAXMANBHAI TADAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this appeal, under section 374 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 29.06.2011 passed by the learned 8th Additional District Sessions Judge, Vadodara, in Sessions Case No.124 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.500/- and in default, fifteen days rigorous imprisonment.

(2.) Briefly stated the prosecution case as unfurled in the trial court is that after the departure of the marriage procession of the son of the appellant-accused in the night of 22/23.04.2010, at about 1 O'clock, to Jhariavadi from Bharosawadi, the wife of the accused asked her elder sister i.e. the deceased - Kapilaben and her husband to remain and guard the house, since it was apprehended by her that if she stays at home her husband will fight with her. On being requested by her, the deceased and her husband stayed at home. The appellant-accused on garnering doubt on the stay of the deceased - Kapilaben in his house inflicted fatal blow of crowbar on her forehead and under the left ear, due to which she died.

(3.) A complaint to that effect came to be lodged by the PW-1, before the Police Sub-Inspector, Naswadi Police Station, for the offences punishable under section 302 of the IPC and section 135 of the Gujarat Police Act, 1951 (hereinafter referred to as the "GP Act"). He has stated that he and his wife - Kapilaben had stayed at the house on the night of the marriage of the accused's son on being requested by his sister-in-law - Sita. He has stated that she had apprehended that if she stayed at home then she will be beaten by the accused. The facts narrated in the complaint further suggest that in the morning at about 6 O'clock, after he and his wife woke up, at about 7 a.m., one tractor and a jeep arrived with some of the relatives, including his son and daughter-in-law. Between 7:30 to 8:00 p.m., when he along with his son and daughterin-law were coming, at that time they heard the screams of his wife, who was washing utensils at the back side of the hedge. Hearing her screams, all three of them rushed to the rear side of the house, and they saw that the accused fleeing by inflicting blow of the crowbar on the left side of her temporal region of the head and under her left ear. At that time, Rameshbhai Chandubhai Tadvi and Sureshbhai Ratilal Tadvi tried to chase him but he was not caught. An ambulance by dialing 108 was called but before the ambulance arrived his wife died on the spot after wriggling. He has alleged that the accused was always suspicious of his wife Sitaben, and the accused inflicted blows on his wife - Kapilaben by informing her that why they had stayed in the house for safeguarding.