BHANUBHAI KALIDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY the impugned judgment dated 14.2.2000 in Sessions Case No. 96 of 1999, learned Additional Sessions Judge, Kheda has convicted the appellant for the offence punishable under Section 302 of IPC and sentenced him to imprisonment for life and fine of Rs. 5000/ - with stipulation of further sentence in case of default. The appellant was believed by the trial Court to have murdered his wife on 10.2.1999 by first trying to administer poison and then strangulating her by her own scarf (dupata). While the incident was alleged to have happened in the confines of the room of residence of the appellant at around 4.30 p.m., the victim was removed to a private hospital and then to another hospital where she breathed her last at around 9.45 p.m. There was no eye witness and the case of the prosecution depended upon circumstantial evidence of which the first link was the premise that the appellant and the victim were seen last together before the offence.

(2.) THE trial court has, in the impugned judgment, recorded following findings of fact:

(3.) AS against the evidence leading to the above conclusions, the appellant had, by filing an additional statement under Section 313 of Cr.P.C. (Ex.66), stated that he had brought the victim to his house on the fateful day and while she was left in the room of his house, he had gone away to buy breakfast for her and for informing by phone his father -in -law. When he returned after half an hour, he saw a crowd outside his house and he saw the victim in a semi -conscious condition inside the house. Therefore, he and the wife of his brother, namely Khaniben, took the victim to hospital at Petlad and then transferred her to Karamsad Hospital. Thereafter, the victim had passed away in the night and he had also called his father -in -law to inform him about that. He also stated that the victim had lived with him as wife only for three days after marriage and while he had studied only upto 10th standard, the victim was pursuing study for M.A. He was asking his wife to live with him and also pursue her studies. There was no quarrel between them and he had not committed any cruelty to her. Lastly he had stated that he was innocent and the victim had committed something out of anger or emotion.