BABUBHAI MELABHAI MAJIRANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. The present appeal arises out of a judgment and order rendered by Sixth Fast Track Court, Palanpur, in Sessions Case No. 57 of 2003, convicting the appellant for the offence punishable under Section 304 Part-I of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 500/-, in default, to undergo simple imprisonment for a period of 30 days.

(2.) THE facts of the case, in brief, are that the appellant and his wife resided at Bhilwas in village Aakedi of Palanpur taluka. The appellant, allegedly, assaulted his wife in the front courtyard of his house at about 20. 00 hours on 11. 1. 2003 and committed her murder. The appellant assaulted his wife with a wooden pestle. It is also alleged that the appellant was causing harassment to the deceased for dowry and, therefore, the quarrel. An F. I. R. came to be registered against the appellant before Palanpur Taluka Police Station in respect of the incident by one Shankerji Sendhaji, father of the deceased. On the basis of that F. I. R. , investigation was made and charge sheet was filed in the Court of learned Judicial Magistrate, First Class, Palanpur, for offences punishable under Sections 302 and 498-A of the I. P. C. and Section 135 of the Bombay Police Act. The learned Magistrate, in turn, committed the case to the Court of Sessions and Sessions Case No. 57 of 2003 came to be registered. The charge was framed against the accused-appellant for the said offences at Exhibit 6, to which he pleaded not guilty and claimed to be tried. Upon the prosecution leading the evidence, the learned Judge recorded conviction of the accused appellant under Section 304 Part-I of the I. P. C. and recorded acquittal for offences punishable under Section 498-A of the I. P. C. and Section 135 of the Bombay Police Act and sentenced him to imprisonment as recorded in the earlier part of this judgment. Hence, this appeal.

(3.) THE prosecution has examined Pratap Melabhai Majirana at Exibit 30. According to the prosecution case, while the appellant was beating his deceased wife-Manjuben, Pratap tried to intervene and in the course of the transaction, he also suffered injury on left bicep. He was taken to doctor for treatment and that doctor (Dr. Kumavat) is examined at Exhibit 12 and the Medical Certificate is at Exhibit 14. However, it is noticed that Pratap has not supported the prosecution case.