K.J.VAIDYA - (1.)Vasantben Koli, by this appeal has brought under challenge the impugned judgment and order of conviction and sentence dated 12-8-1994, rendered in Sessions Case No. 238 of 1993, passed by the learned Additional Sessions Judge, Bhavnagar-Mahuva, wherein on her coming to be tried for the alleged offence punishable under to Sec. 302 of IPC, was sentenced to imprisonment for life and to pay a fine of Rs. 500.00 and in default, to undergo RI for three months.
(2.)The prosecution case as it gets summed up and reflected in Charge Exh. 4 is to the effect that the alleged incident in question wherein Vasantben Koli gave a blow with an iron bar to her husband Labhubhai Koli, took place in between 9-00 PM on 16-7-1993 and 6-00 AM on 17-7-1993 in her house at Village Dhoba. In this case, there is no eye-witness. So far as the incident in question is concerned, the prosecution has examined two witnesses, viz., PW-5 Jamnaben Laxman, who happens to be mother-in-law of the accused and PW-6 Samant Rambhai who was a Sarpanch and also neighbour. Out of these two witnesses, PW-5 gave a complaint Exh. 32 which was recorded by PW-8 PSI D. K. Solanki, at the hospital. According to PW-5, on the date of the incident, there was a quarrel between Vasantben and her husband Labhubhai as Vasantben came late in the evening. Labhubhai her husband on inquiring as to why she came late, the accused feeling offended took an exception and asked him not to interfere, else she will run away. According to PW-5, on the aforesaid date, time and place, she was sleeping in the Warrandah of the house. In the morning when the woke-up, she found her son Labhu dead bleeding from the head and the ear. At that time, Vasantben was in the house. On seeing Labhubhai gasping, when PW-5 tried to raise shout, Vasant said not to raise the shout and go to the village, else she will also kill her. Thereafter, Vasant said "I have killed. I have killed". On the basis of this PW-5 imagined that Vasant must have killed Labhubhai with an iron-bar. Thereafter, PW-6 came to her house and ultimately she filed a complaint at Exh. 34. This part of the story of PW-4 is corroborated by PW-6, who at the relevant time was neighbour and Sarpanch of village Dhoba. According to this witness, when he went to the house of the informant PW-5, Vasantben was strolling outside her house saying, "I have killed" .. There was nothing in her hand at that time. Thereafter, PW-6 tried to talk with the injured Labhubhai but he was unable to speek, and accordingly, he was taken to the hospital in a jeep where he was declared dead. On the basis of these allegations, after the investigation was over, the accused came to be charge-sheeted for the aforesaid alleged offence before the Sessions Court at Mahuva. The trial Court ultimately placing reliance upon the evidence of PW-5 and PW-6, as corroborated by the medical evidence of PW-3, Dr. R. D. Pargi, convicted and sentenced the accused as stated above in para-1 of this judgment, giving rise to the present appeal.
(3.)Heard Ms. Shilpa Shah, learned Advocate (appointed) for the appellant and Mr. M. A. Bukhari, the learned A.P.P. for the State.