UDAJI JIVAJI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant is found guilty for the offence punishable under Sec. 302, I.P.Code and sentence to imprisonment for life and to pay fine of Rs.100/-, in default, S.I. for seven days, in sessions case No.78 of 1990 by the learned Sessions Judge, Kheda at Nadiad on 30.11.1991. The appellant has, therefore, challenged his conviction and sentence order by filing this appeal through jail. The appellant is provided legal aid. We have heard the learned advocate appointed for the appellant and also learned Additional Public Prosecutor Mr.B.D. Desai for the State and have also gone through the entire record.

(2.) This is a case of killing of wife, upon a motive that she was unable to bear child being impotent, despite married life of more than ten years. On 19.3.1989, the appellant and the deceased wife Dahiben staying at villager Nani Mudel had a quarrel at 8 p.m. The appellant inflicted stick blows, washing stick blows and blows with iron rod, causing serious injuries to her in the presence of brother of the deceased - P.W. No.3 Mafatbhai Ratabhai, ex. 10 who ran away being frightened of being beaten by the accused. He was in the house of the accused which is the venue of offence on the day of the incident as he and the accused were doing labour work and he had to take an amount of Rs.300/- from him. Therefore, he, on return from labour work, stayed with the accused. In fact, the deceased Dahiben, accused and P.W. 3 Mafatbhai, brother of the deceased were engaged in the labour work for making bricks at village Guchri. On the day of the incident, three of them returned to village Mudal in connection with celebrations of Holi festival, and witness Mafatbhai stayed in the house of the accused.

(3.) On that day, the accused starting taunting and teasing his wife. He told her that she was unable to do work and she was eating more. Thereafer, there was quarrel. The accused started giving stick blows after picking up stick which was lying in the corner of the house. Thereafter, he gave iron rod blows. She was also, given blows with washing stick. The accused thereafter poured kerosene after dragging her inside the room from Osri with the help of her clothes. Witness Mafatbhai got frightened. He apprehended beating from the accused. He started for his house at Chhipdi village.