BHURABHAI HIRABHAI NINAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-original accused came to be tried along with three other accused persons for the charge of offence punishable under Secs. 302 and 203 IPC in a Sessions Case No. 47/1991 before the Ld. Addl. Sessions Judge, Panch Mahals at Godhra for which he is held guilty for offences punishable under Sec. 302 IPC as he is found to have committed murder of his wife deceased-Mangu, aged 20. The original accused Nos. 2, 3 & 4 who were charged for having committed offence punishable under Sec. 302 read with Sec. 114 IPC by the Trial Court came to be acquitted. Unfortunately, no order is passed with regard to the charge under Sec. 302 IPC. The appellant-accused No. 1 has, therefore, questioned the legality and validity of his conviction under Sec. 302 IPC and resultant sentence for Life Imprisonment by filing this appeal.

(2.) . Short and simple resume of the salient aspects of the prosecution case may initially be articulated at this stage. The prosecution, inter alia, contended that the appellant was charged for murder of his wife-Mangu on 6.11.1990 at about 5.00 p.m. in his house at village Nada of Taluka Sahera of Panch Mahals district. The appellant is hereinafter referred to as "the accused" for the sake of brevity and convenience. The accused and his wife were residing at village Nada in a House which is the venue of offence.

(3.) . The prosecution case is that the accused on the day of incident in the evening at 5 started beating his wife. He inflicted kick blows and thereafter throwing her on the ground kneeling down on her body, pressing her throat and compressing the chest portion caused serious injuries which were sufficient in the nature in order to cause death. The deceased and the accused entered into matrimony three years prior to the date of incident. The motive is also ascribed for the commission of offence in question. The accused had an illicit relation with the wife of his brother-Rumalbhai-Original Accused No. 4.