FATABHAI CHHAGANBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant was the original accused in Sessions Case No. 18/2001 tried by the learned Joint District Judge, 2nd Fast Track Court, Nadiad, and the appellant came to be convicted by judgment and order dated 11. 10. 2002, for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment and fine of Rs. 2000/-, in default of payment of fine, S. I for two months.

(2.) THE prosecution case, in nutshell, is that the incident occurred on 18. 11. 2000 at about 9. 00 A. M at village Dantali of Kapadwanj Taluka. Deceased Shantaben Kanubhai was residing with her husband Kanubhai. It is alleged that Shantaben had illicit relation with the appellant, but, the appellant came to know that deceased Shantaben had illicit relations with others. On the day and time of the incident, when Shantaben went to fetch water from a water tap, at that time the appellant armed with dharia abused the deceased and inflicted three blows with dharsia on her head, face and neck. At that time, Kanubhai Ratnabhai, husband of the deceased had gone to village Motipura, but, when he returned to village Dantali at about 9. 30 A. M, he was informed about the incident by his nephew Kalabhai Revabhai and one Babarbhai Kodarbhai. Kanubhai lodged FIR with Kapadwanj Rural Police Station regarding the incident and the FIR came to be registered. The police commenced investigation and recorded statements of material witnesses. The dead body of deceased Shantaben was sent to Kapadwanj Hospital for the purpose of post mortem. The panchnama of scene of occurrence was drawn in presence of the panchas. At the instance of the appellant, muddamal weapon dharia came to be discovered in presence of the panchas. After collecting the required material for the purpose of lodgment of charge sheet, charge sheet came to be filed in the Court of learned J. M. F. C. Kapadwanj. Since the offence was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions at Nadiad, where it was registered as Sessions Case No. 18/2001.

(3.) THE learned trial Judge framed charge at Exh. 8 for the offences punishable under Sections 302 and 504 of I. P. C. , to which the appellant-accused did not plead guilty and claimed to be tried. The prosecution, therefore, adduced its oral and documentary evidence. After completion of the oral evidence adduced by the prosecution, the learned trial Judge recorded the further statement of the accused under Section 313 of Cri. P. C. , and the accused denied generally all the allegations levelled against him by the prosecution and stated that Kanubhai, husband of deceased Shantaben used to quarrel with her and, therefore, he believed that her husband might have murdered Shantaben, and he was wrongly involved in this case. After considering the evidence on record and the submissions made on behalf of both the sides, the learned trial Judge recorded conviction of the appellant-accused for the offence punishable under Section 302 IPC and awarded sentence, as hereinabove referred to in this judgment. However, the accused came to be acquitted for the offence punishable under Section 504 IPC.