ISWARBHAI PANABHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be convicted for offences punishable under Section 498a and 302 of the Indian Penal Code (IPC) by Sessions Court, Banaskantha, at Deesa, vide judgment and order dated 6th March, 2004 in Sessions Case No. 124 of 2002. The appellant is alleged to have subjected his wife, Divaben, to cruelty and then to have committed her murder on 24th June, 2002 in a room located in the field on the outskirts of village Therwada belonging to the accused-appellant.

(2.) AS per the prosecution case, Divaben's brother, Joitabhai, was informed by his daughter, Varsha, that she was told by somebody, who had come in a jeep car that Divaben died because of snake bite. Joitabhai, therefore, informed other relatives and went to Therwada, where he was informed that the incident occurred near a well. He, therefore, went to the well belonging to Ishwarbhai Panabhai, where he saw his sister lying there on the floor. She was wearing a chappal, petticoat and other clothes, and her sari was lying on one side. She was bleeding from ears and mouth. She had injury on her elbow and there was a ligature mark on the neck. Neither the accused nor his father was there. The first informant, therefore, went back, consulted the leaders of the village and then lodged a First Information Report. On the basis of the F. I. R. , offence was registered and investigated and charge sheet was filed in the Court of Judicial Magistrate, First Class, at Deesa, who, in turn, committed the case to the Court of Sessions and Sessions Case No. 124 of 2004 came to be registered. Charge was framed against the accused at Exhibit 17. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) LEARNED Advocate, Mr. Sikander Saiyed, appearing for the appellant submitted that the case of the prosecution is dependent on circumstantial evidence; there is no direct evidence; and important links in the evidence are missing.