BHURBHAI JINABHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order passed by the learned Fast Track and Sessions Judge, Amreli in Sessions case No. 295 of 2001, whereby the appellant accused, Bhurabhai Jinabhai chauhan has been convicted for the offence under Section 302 and section 203 of IPC and the sentence is imposed for life imprisonment and a simple imprisonment of two years respectively.

(2.) AS per the Prosecution case, the accused appellant initially declared before the Police that his wife deceased Merunisha was suffering from sickness of heart-valve and she had also undergone the treatment. He declared before the Police that his wife Merunisha, since she had fallen down from the water tank or due to sickness, she had died. Therefore, at the initial stage the Police registered the same at Ex. 27 as accidental death under Section 174 of Cr. P. C. Further investigation revealed that in the body of the deceased, there were injuries on both the hands and legs with blood stain and, therefore, the dead body was, after inquest, sent for postmortem. In the postmortem Report, the cause of death was opined by the doctor as due to throttling of the neck, resulting into drastically reducing the blood circulation to the brain and consequently resulting into heart failure. Therefore, a complaint was registered by the Investigating Officer, Shri Chudasma for the offence punishable under Section 302 of IPC for causing death of the deceased merunisha and for making false declaration before the Police under section 203 of IPC. The Police thereafter investigated the matter and the charge-sheet was filed. Before the learned Sessions Judge, the witnesses were examined, including the eye-witness, Bhumita - daughter of the deceased, the Medical Officer, who undertook postmortem and also other witnesses. The learned Sessions Judge ultimately convicted the accused for the offence punishable under Section 302 of IPC by imposing sentence of life imprisonment. The learned Sessions Judge also imposed sentence of simple imprisonment for two years for the offence punishable under Section 203 of IPC. It is the said judgement and order of the learned Sessions Judge in appeal before this Court.

(3.) WE have heard Ms. Sadna Sagar, learned Counsel for the appellant accused as well as Mr. Raval, learned APP for the State.