AMRATBHAI KANJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant challenges his conviction for the murder of his minor daughter Hiral by dashing her head with the trunk of a tree on 22.5.1997 in the outskirts of village Vadaj of Dabhoi Taluka of District Vadodara, by the Sessions Court, Vadodara and sentencing him to undergo rigorous imprisonment/RI for life and to pay a fine of Rs. 500, in default to undergo RI for 6 months, by judgment and order dated 30.10.1998 in Sessions Case No.189 of 1997.

(2.) AS per the prosecution case, the appellant, his wife and his minor daughter Hiral, aged about 10 months, had gone to village Vadaj to attend a marriage ceremony in the family of the appellants in -laws. There he has some dispute with his wife about leaving of Vadaj and his wife suggested that he may leave, if he has to go. The appellant, therefore, got angry with her and then took minor Hiral with him to a field and then dashed her head with trunk of a tree while holding her feet; ultimately, resulting into death of the minor. The appellant thereafter, immediately approached Dabhoi police station and lodged an FIR against his own self for his act. On basis of the FIR, investigation was made and charge -sheet filed in the Court of the Ld. Judicial Magistrate First Class, Dabhoi, who in turn committed the case to the Court of Sessions, Vadodara and Sessions Case No.189 of 1997 came to be registered.

(3.) ON basis of the evidence led by the prosecution, the trial Court came to .conclusion that the prosecution was successful in proving the charges against the accused/appellant and, therefore, recorded his conviction for offence punishable under Section 302 of the Indian Penal Code (IPC) and sentenced him for RI for life as stated hereinabove. Hence, this appeal.