THAKORE GAMBHIRJI NATHAJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant who was original accused in Sessions Case No.14 of 2004 has preferred this appeal challenging the conviction recorded by Additional Sessions Judge, Fast Track Court No.4, Patan on 25.6.2004 for the offence of murder of the wife of the appellant named Chandaben punishable under Section 302 of the Indian Penal Code ('IPC', for short) and the appellant was sentenced to undergo life imprisonment and fine of Rs.5000/ - and in default of payment of fine, S.I for six months.

(2.) THE prosecution case in nutshell is that the appellant along with his deceased wife Chandaben was residing in Village Dhanodharda, Taluka Chanasma, District Patan. The incident occurred in night falling between 23.11.2003 from 21.00 hours on wards to 5 a.m. on 24.11.2003. It is the case of the prosecution that the deceased along with her husband -appellant was sleeping in a shed situated in the compound of the house of the appellant. At 5 a.m. in the morning, on 24.11.2003, Ranjanben Fulaji, the daughter -in -law of both the appellant and the deceased woke -up and came out from the house and she found her mother -in -law Chandaben lying unconscious on a cot. Her father -in -law, the appellant was not found in the shed. She immediately called the younger brother of the appellant, named, Somaji Nathaji. Somaji Nathaji and his wife Ambaben Somaji immediately came near the shed and they found injuries on the neck and other parts of body of Chandaben and Chandaben was dead. They also found that the appellant was missing. Somaji Nathaji, the younger brother of the appellant reported the incident to Chanasma police station and his FIR was registered.

(3.) LEARNED trial Judge framed charge against the appellant at Exh. 3, to which he did not plead guilty and claimed to be tried. Thereupon, the prosecution adduced its oral and documentary evidence. The prosecution examined in all ten witnesses and produced necessary documentary evidence. After the prosecution concluded its evidence, the learned trial Judge recorded further statement of the appellant under Section 313 of the Cr.P.C., and the appellant in his further statement denied all the incriminating circumstances put to him by the trial Court and also filed a written submission wherein the appellant contended that he was falsely implicated in this case. At the time of the incident, he was not present in the house as he had gone to Village Sewala to meet his brother -in -law Govindji Vasaji, and he came to know about the incident while he was at Sewala, and therefore, he went to his Village Dhanodharda and there he found the dead body of his wife Chandaben in a pool of blood and he hugged the dead -body of the deceased, and therefore, his clothes contained the bloodstains of the blood of his wife and, thereafter, he was arrested by police.