- (1.)THE Appellant has preferred this appeal and challenged the judgement and order of conviction and sentence imposed by learned Additional Sessions Judge, Fast Track Court, Dahod, on 29.7.2005 in Sessions Case No. 331 of 2004 (new) and 131 of 2004 (old) convicting him for the offence under Sections 302 and 316 of the Indian Penal Code and sentencing him to undergo imprisonment for life and to pay fine of Rs. 1000/ -, in default to undergo imprisonment for six months for the offence under Section 302 of the Indian Penal Code and to undergo imprisonment for 10 years and to pay fine of Rs. 1000/ -, in default to undergo imprisonment for six months. Both the sentences were ordered to run concurrently.
(2.)ACCORDING to prosecution, deceased Manguben was the wife of the accused. On 20/21 -2 -2004 at about 1 o'clock at night, the accused keeping suspicion that his wife was of bad character and knowing well that she was pregnant, caused her death by strangulation. Thereby the accused not only caused death of his pregnant wife but also foetus.
(3.)ON the basis of FIR lodged by Chhaganbhai Maganbhai, father of the deceased, before Dahod Police Station, offence was registered and investigation was started. During the course of investigation, dead body of Manguben was sent for postmortem. Panchnama of scene of offence was drawn. Statements of witnesses were recorded. Accused came to be arrested. At the end of investigation, chargesheet came to be filed against the accused for the aforesaid offences in the Court of learned Judicial Magistrate, First Class, Dahod. As the offence was triable by the Court of Sessions, case was committed to the Court of Sessions, Panchmahals. It was registered as Sessions Case No. 131 of 2004. On bifurcation of judicial District, case was registered as Sessions Case No. 331 of 2004. Learned Additional Sessions Judge, Fast Track Court, Dahod, framed charges Exh. 2 against the accused for the aforesaid offence. Charge was read over and explained to him. The accused pleaded not guilty to the charges and claimed to be tried. Therefore the prosecution adduced evidence. On completion of recording of evidence, 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, stated that false case is filed against him. After hearing learned advocate for the accused and learned Additional Public Prosecutor, trial Court convicted the accused and sentenced him as mentioned hereinbefore.
Being aggrieved by the said decision of the trial Court, the Appellant has preferred this appeal.