JIVAN LALLU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of an order passed on 9th October 1968 by Mr. K. L. Abichandani Additional Sessions Judge Baroda in Sessions Case No. 72 of 1968 whereby the appellant accused came to be convicted and sentenced to suffer imprisonment for life for an offence punishable under sec. 302 of the Indian Penal Code.

(2.) In the field S. No. 222 situate in the village Boriad Taluka Dabhoi belonging to one Mohanbhai Bhagwanbhai the work of construction of a well was given to one Dahyabhai Nathabhai. Near the place where that work was going on there was a Mandva where the accused and his wife deceased Bai Hira were staying. The contractor Dahyabhai Nathabhai was also staying in the adjacent Mandva. The accused was working as a labourer in the construction of that well. On 25-3-68 witnesses Natha Ratna the father of Dahya Natha and Kanji Bapu the father of Karsan Kanji another labourer working at the well had come there to inquire about the health of Dahya and Karsan. They stayed there for the night at the Mandva of Dahya which was quire adjacent to the one where the accused and his wife lived. On the next morning at about 6-00 a.m. or so while Dahya went out for getting milk Kanji Bapu and Natha Ratna had gone for easing themselves. When they returned at about 7-00 a.m. or so they found the accused giving blows with a spade which hurt Bai Hira on her head as also on other parts of her body. In the meantime Karsan Kanji had also come up and he pursued the accused who was running away from that place. The accused however could not be caught and he returned back to the place of the incident. When those witnesses such as Kanji Karsan and Natha inquired from Bai Hira they were told that her husband had caused those injuries as she was late in giving Datan demanded by her husband. In the meantime Dahya Natha came up and seeing the condition of Bai Hira he went to the house of Mohanbhai. Mohanbhai met him on the way and he was informed about the accused having caused injuries to his wife and that he may lend his bullock cart for removing her to the hospital at Dabhoi Dabhoi is at a distance of 6 miles from Boriad. In that cart Bai Hira was removed to the Dabhoi Hospital.

(3.) On a consideration of the evidence accused in the case the learned Additional Sessions Judge found that the accused had intentionally caused those injuries to his wife Bai Hira on the morning of 26-3-68 which brought about her death on 30-3-68 and that he was therefore guilty for an offence of murder punishable under sec. 302 of the Indian Penal Code and he sentenced him as stated here above. Feeling dissatisfied with that order the accused has come in appeal in this Court.