NISHAMANI CHARAN SHETTY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be tried by the Sessions Court, Surat, in Sessions Case No. 119/2000, for murder of his wife Ranjita allegedly committed by him on 7. 11. 1999 around 9. 10 A. M, in their house located in Harijanvas of Puna-Kumbharia, Taluka : Choryasi, District : Surat, by inflicting multiple knife blows. The trial Court convicted him for the offence of murder and sentenced him to imprisonment for life and to pay a fine of Rs. 1,000/-, in default, to undergo imprisonment for one month, by judgment and order dated 14th August, 2001, which is under challenge in this appeal.

(2.) AS per the prosecution case, when the appellant returned to his home in the evening of 6. 11. 1999, he found his wife Ranjita in objectionable condition with one Ravindra, who went away on noticing his arrival. This incident provided a motive to the appellant to attack his wife in the house around 9. 00 A. M. , in the next morning, i. e. 7. 11. 1999, and he caused as many as 24 injuries all over the body of his wife Ranjita, which, ultimately, resulted into her death. Because of the shouts, neighbours gathered and intimated the police. On receiving intimation, witness Chandravijaysinh Solanki, a police personnel, working at Kapodra Police Station, rushed to the spot and found the appellant in the house along with a bloodstained knife and bloodstained clothes. Deceased Ranjita was then alive and was shifted to hospital, where she was declared dead. An F. I. R was registered, offence was investigated and charge sheet was filed in the Court of learned J. M. F. C. Surat, who, in turn, committed the case to the Court of Sessions and Sessions Case No. 119/2000 came to be registered.

(3.) CHARGE was framed against the accused-appellant at Exh. 4. The accused pleaded not guilty to the charge and came to be tried.