KESHAVBHAI MAGANBHAI CHAUDARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed under Section 374 of the Criminal Procedure Code, 1973 against the judgment and order dated 19th October, 2002 delivered by Joint District Judge, 3rd Fast Track Court, Surat in Sessions Case No. 69 of 2001 whereby the present appellant - accused came to be convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment of life and to pay fine of Rs. 2,000/ -, in default to undergo simple imprisonment of three months.

(2.) AS per the brief facts of the prosecution case, the incident occurred on 4th April, 2001 at 2.30 hours at night at Village : Moritha, at the residence of appellant situated at Godown Falia. At Village : Moritha, the present appellant along with his wife Meenaben, who is deceased in the case along with two sons named Jigneshkumar and Pradipbhai were staying and the appellant was doing agricultural work. At the time of incident elder son Jignesh was aged about 15 years, while younger son Pradip was aged about six years. There was discussion between the appellant and his wife deceased Meenaben about the illicit relationship which the appellant was having with some other lady and at that time some altercation had taken place between husband and wife. On the day of the incident, on earlier night, son Jignesh prepared night meal and the appellant had been to temple and when the appellant came back, they jointly took night meal and, thereafter, the appellant again went out. Both sons and deceased Meenaben slept in the house on cots. The appellant came to the house at about 10.30 at night and he started abusing his wife Meenaben which was noticed by son Jignesh. It is the case of the prosecution that thereafter, the appellant had been to the house of Somabhai, a family elder and Somabhai was threatened by him. Thereafter, in early hour of 4th April at about 2.30 hours, the appellant started breaking furniture and damaging household fixtures, and when deceased Meenaben attempted to prevent him, the appellant, with wooden log in his hand, started beating deceased Meenaben. Meenaben also tried to run away from the spot, but she was apprehended by the appellant, who inflicted blows of wooden log on the head of deceased Meenaben and she had fallen on the ground. Jignesh tried to rescue her mother, but he was lifted by the appellant and was thrown away. Meenaben died on the spot and being late night period, nobody was informed and, thereafter, the appellant brought the dead body of Meenaben on cot and was placed on cot. In the morning, when Jignesh came to the house, who had run away at night after incident, found that his father was not allowing any person to enter in the house and, therefore, Ex Surpanch Dajibhai Dahyabhai and other Chhaganbhai Devalabhai etc. were called to persuade the appellant, but the appellant was having an axe in his hand, which was snatched away from him and he was taken to the Police Station along with one Bhikhubhai Dayalbhai. The complaint was given by Jigneshkumar at about 9.00 a.m on 4th April, 2001 before the Police Sub Inspector, Mandvi Police Station.

(3.) VIDE Exhibit 4, a charge came to be framed for the offence punishable under Section 302 of the Indian Penal Code against the accused on 15th January, 2002 by the trial Court for which accused pleaded not guilty and, therefore, the prosecution examined as many as 21 witnesses to prove its case and placed on record voluminous documentary evidence.