MAHENDRASINH PRAVINSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is at the instance of a convict accused for the offence punishable under Section 302 of the Indian Penal Code and is directed against an order of conviction and sentence dated 24th December 2014 passed by the Additional Sessions Judge, Limbdi in the Sessions Case No.115 of 2012.

(2.) By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, and consequently, sentenced him to suffer life imprisonment with a fine of Rs.10,000/- and in default of payment of fine, to suffer further rigorous imprisonment for the period of one year.

(3.) The deceased by name Jayshreeba was married to the accused appellant herein. In the wedlock, one son and a daughter was born. It is the case of the prosecution that in the night hours of 19th July 2012, the accused herein committed murder of his wife Jayshreeba on the first floor of their residential house. According to the case of the prosecution, the accused indiscriminately stabbed his wife with a knife all over the body and thereby caused her death. After the incident, the accused is said to have come down and woke up his cousin brother namely Sukhdevsingh Pravinsinh Zala residing bank opposite the house of the accused. After waking up Sukhdevsinh Pravinsinh Zala at 1:30 in the night, the accused is said to have told Sukhdevsinh that he had killed his wife. Saying so, the accused, thereafter, left for the police station. It is the case of the prosecution that the motive behind the crime was the suspicion in the mind of the accused that his wife was living an immoral life. To put it in other words, the accused, as husband, had a doubt with regard to the fidelity of his wife i.e. the deceased.