BHIMSINH CHHAGANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) coram: Bhatt,.j. The appellant who came to be convicted for the offence punishable under Section 302,I.P.Code by the learned Additional Sessions Judge,Bharuch by his judgment and order dated 25.10.1991 in Sessions case No. 116 of 1991 for killing his wife Shantaben with the help of a spear on 31.3.1991 at 2.30 p.m.at village Navadadapor, in his house, has challenged the same by filing this appeal.

(2.) Upon charge sheet, after investigation, the charge came to be framed on 25.9.1991 in sessions case No. 116 of 1991 under section 302 ,I.P.Code and section 135 of the Bombay Police Act, in that, it was alleged that on the day of the incident, the appellant-accused demanded money from his wife Shantaben who refused to give which provoked and indignated the appellant as a result of which, there was quarrel which was followed by a spear blow on the clavicle portion of his wife which resulted in her death. Therefore, he was tried for the offence punishable under Section 302,IPC and also under section 135 of the Bombay Police Act.

(3.) In order to substantiate charges, the prosecution placed reliance on the evidence of the following persons: