KALABHAI PUNJABHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be tried by the Sessions Court, Panchmahals at Godhra for the offences of murder of his wife Champaben allegedly committed on 12. 11. 1999 at about 7. 00 A. M at village Mochivadia, Taluka : Lunavada, followed by his attempt to commit suicide. He was also tried for an offence of carrying weapon in contravention of notification issued by the District Magistrate, punishable under Section 135 of the Bombay Police Act. He came to be punished by the Sessions Court for all the offences and was sentenced to undergo imprisonment for life for the offence of murder with fine of Rs. 500/-, in default, to undergo further imprisonment for a period of two months; for the offence of attempted suicide, he was ordered to undergo R. I for six months and to pay a fine of Rs. 500/-, in default, to undergo further imprisonment for a period of two months, and for the offence punishable under Section 135 of the Bombay Police Act, he was ordered to undergo R. I for a period of four months with a fine of Rs. 200/-, in default, to undergo further imprisonment for a period of 15 days, by judgment and order dated 12. 6. 2000, rendered in Sessions Case No. 70/2000.

(2.) AS per the prosecution case, the incident occurred on 12. 11. 1999 at about 7. 00 A. M at village Mochivadia in the house of the appellant himself. As per the prosecution case, the appellant suspected fidelity of his wife and, therefore, he inflicted a blow on the head of his wife Champaben with a wooden log followed by a knife blow in the abdomen of the deceased. After the assault in the house, the appellant ran out of his house with the knife in his hand, shouting that, "i have killed my wife, come and beat me". Hearing his shouts, the neighbours rushed to the place, which included the brothers of the appellant. Going into the house, they found deceased Champaben lying on the floor dead in a bleeding condition. Simultaneously, the appellant under fit of rage and/or repentance, tried to suicide by inflicting a knife blow on his own neck. This incident was seen by the witnesses present over there. They carried both, the deceased as well as the appellant to the hospital. The deceased was declared dead. The appellant was admitted in the hospital, was required to be operated upon and ultimately, was discharged after about two months. Ramanbhai Jibhai, who came to the spot and noticed the incident, lodged FIR with Kothamba Police Station. The offence was registered and investigated. Charge sheet was filed in the Court of learned Judicial Magistrate, First Class, Lunavada, who, in turn, committed the case to the Court of Sessions and Sessions Case No. 70/2000 came to be registered.

(3.) CHARGE was framed against the appellant, accused at Exh. 4, for the offences punishable under Sections 302 and 309 of the Indian Penal Code. The accused, appellant pleaded not guilty to the charge and came to be tried.