MADEVA HARSHA JARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is arising out of the impugned judgment and order dated 22.1.2001 rendered by the learned Addl. Sessions Judge, Banaskantha at Deesa in Sessions Case No.134 of 1999. The appellant herein came to be convicted for the offence punishable under Section 302 of Indian Penal Code (for short -˜IPC) and sentenced to suffer life imprisonment and fine of Rs.1,000, in default, further S/I of six months.

(2.) THE facts of the prosecution case are as under:

(3.) THAT on 28.2.1999, complainant and his wife Ambaben were sleeping in the Osari of their room after dinner at about 8 Oclock in the night, whereas, appellant and his wife were sleeping inside the room and have closed the door. At 6 Oclock in the morning, the complainant and his wife got up and a shout was made by them for getting up the present appellant who was sleeping in the room. The appellant replied the complainant from the room that he has killed his wife Meera by giving an Axe blow, and if you desire, you may make complaint. So, the complainant became hesitated and looked inside the room from a hole and saw Meera wife of present appellant lying smeared with blood on the cot. The complainant rushed in the village and gathered Darbar Bhavji Vanji, Makji Virji, Majirana Amthutalsh, Chamna Kheta, Harijan Ishaprema, Joitapumna and Patel Ishwar Jiva of his village and complainant has also informed them about the incident. Thereafter, they got the room opened and caught hold of the present appellant and they saw Meera lying dead in bleeding condition. The present appellant was in a habit of taking liquor and so he used to come by consuming liquor daily, and his wife was telling him not to consume liquor. There was some altercation between both of them and due to this altercation, present appellant got excited and killed his wife Meera by giving an Axe blow. Thereafter, the complainant went to the Dhanera Police Station for lodging the complaint on 1.3.1999 at 11.30 a.m. in the morning. So, the complaint was recorded by Head Constable, Dhanera Police Station vide CR No. I -21/1999 for the offence punishable under Section 302 of IPC and under Section 135 of Bombay Police Act. Then, the police went to village Samarvada and drawn has the inquest panchnama of the dead body of Meera in the presence of panchas and sent the dead body of Meera for post -mortem to the Community Health Centre, Dhanera. Thereafter, the police has also drawn the panchnama of scene of offence and statements of witnesses were recorded and accused -appellant was arrested. After completion of investigation, the charge -sheet was filed before the learned Judicial Magistrate First Class, Dhanera. Since the alleged offence under Section 302 of IPC was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions, Sabarkantha at Palanpur under Section 209 of Code of Criminal Procedure.