JAYENDRASINH PRATAPSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant convict has preferred this appeal under section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, (Fast Track), Rajkot on 10. 5. 2002 in Sessions Case No. 108 of 2001 convicting him for the offence punishable under section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 1000/- in default thereof to undergo SI for two months.

(2.) ACCORDING to the prosecution case, accused was the husband of deceased Ramaben. On 24. 4. 2001 in the noon, the accused picked up quarrel with his wife Ramaben and caused several injuries with knife to her. On account of the injuries, Ramaben died. The accused locked Jasuben in a room, as she tried to save Ramaben.

(3.) ON the basis of the first information report lodged by accused himself, an offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed against the accused for the offences punishable under sections 302 and 342 of the Indian Penal Code. As the offence was triable by Sessions Court, the case was committed to the Sessions Court and it was registered as Sessions Case No. 108 of 2001. The learned Additional Sessions Judge framed charge Exh-1 for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the incriminating circumstances appearing in the evidence against the accused were explained to him. The accused in his further statement recorded under section 313 of the Code of Criminal Procedure, 1973, stated that in the morning, he went with his auto rickshaw for his business, that when he returned in the noon, he saw his son with blood stained clothes, and saw his wife Rama lying profusely bleeding and on inquiry with Rama, she only spoke 'neighbour'. That, he went outside carrying his crying son and he does not know what had happened, but he is innocent. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the learned trial Court convicted the accused for the offence punishable under section 302 of the Indian Penal Code and sentenced him as mentioned herienebefore, but acquitted him for the offence punishable under section 342 of the Indian Penal Code. Being aggrieved by the said decision, the accused has preferred this appeal.