JAGDISHBHAI GIRDHARLAL SONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be convicted by the learned Additional Sessions Judge, Fast Track Court, Navasari, for the offence of murder of his wife Rekhaben, by judgment and order dated 13. 02. 2004, in Sessions Case No. 100/2002.

(2.) THE alleged incident took place on 17. 4. 2002 on the bank of river Kaveri near Bilimora. The case against the accused-appellant was initiated by the prosecution and accepted by the trial Court on circumstantial circumstances.

(3.) AS per the prosecution case, the appellant was married to his wife Rekhaben about eleven months prior to the incident. He suspected fidelity on the part of his wife Rekhaben and there was dispute on this aspect between them. It is the case of the prosecution that few weeks prior to the incident, the appellant had told his father-in-law Prakashchandra Ishwarlal (PW. 9) that he should not interfere in the affair or else, some novel action will be taken by the appellant. The appellant used to visit a shrine at Bilimora Desara-Shamala Falia on the bank of river Kaveri, and he had gone to that shrine about a week prior to the incident. He stayed there with his wife and used to go out for meals with his wife. This was in the knowledge of PW. 10 Bipinbhai and PW. 11 Mahendrabhai. On 18. 4. 2002, dead body of Rekhaben was found by PW. 10 Bipinbhai, who, in turn, informed PW. 11 Mahendrabhai and also the police about the same, on the basis of which, an occurrence report was registered, panchnama was drawn and postmortem was performed. The cause of death was found to be asphyxia due to strangulation. It was revealed by Pw. 11 Mahendrabhai that in the late evening of the previous day i. e. 17. 4. 2002, the appellant had borrowed the bicycle of the witness, as he wanted to go for meal with his wife Rekhaben. Parallel to this, the appellant came to be arrested from Chikhali by Chikhali police on 19. 4. 2002 under Section 41 of the Code of Criminal Procedure. He was found to be possessing bicycle belonging to Mahendrabhai (PW. 11 ). The police thereafter concluded the investigation and filed charge sheet in the Court of learned J. M. F. C. Gandevi, who, in turn, committed the case to the Sessions Court at Navsari where Sessions Case No. 100/2002 came to be registered. The charge was framed against the accused-appellant at Exh. 1, to which he pleaded not guilty and came to be tried.