MANUBHAI KOYAJIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be tried and convicted for the offence of murder of his wife, Manjula, committed by him between 8th April, 1996 15. 00 hours and 10th April, 1996 15. 00 hours. He is sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to undergo further simple imprisonment for 30 days by the Sessions Court, Bharuch, Camping at Rajpipla, by judgment and order dated 27th September, 1999, rendered in Sessions Case No. 214 of 1996.

(2.) THE prosecution case, in brief, is that the appellant was married to Manjula about four years prior to the date of incident. It is the case of the prosecution that the appellant committed murder of his wife by inflicting blows with axe, screw driver, etc. The deceased died because of shock due to external haemorrhage and excessive intra-thoracic haemorrhage following injury on right side neck and left side chest, as per medical opinion. The dead body of the deceased was found from the house occupied by the accused-appellant in a wrapped condition. It had degenerated when it was found. The room of the house from which the dead body was found was locked and was opened by the appellant with the key in his possession.

(3.) THE Trial Court came to a conclusion that the prosecution has proved the case against the accused by circumstantial evidence. The only attempt on the part of the appellant, during the trial, was to suggest that he was mentally sick, but there is no material to come to that conclusion. On the contrary, during the trial, the appellant gave an application for his psychiatric check up and it was opined that he was fit to face the trial. The circumstances which have weighed with the Trial Court would weigh with this Court that the deceased and the appellant were staying in the same house and they were the only occupants of the house. The appellant did not take any steps till the body got degenerated. The dead body was lying in the house itself. The appellant would have normally reacted to such a situation by raising shouts, informing others or lodging complaint. The foul smell of the degenerated body was coming out of the house. The sister of the deceased, Manuben, goes to inquire about the deceased and finds out the dead body when the accused opened the door with the key he had with him. All the time, the appellant was sitting outside the house for two days. The police, on being informed by Manuben, goes to the house and notices the dead body. The case of the prosecution was that the appellant had made an extra-judicial confession, which is not duly proved. But the circumstances do prove the case of the prosecution and the Trial Court has, thus, recorded conviction.