VESTA MOHANBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of a judgment and order rendered by Sessions Court, Baroda, Camp at Chhota Udepur, in Sessions case No. 34 of 2002, convicting the appellant for offences punishable under Section 302 of the Indian Penal Code ("ipc' for short) and Section 135 of the Bombay Police Act and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default, to undergo further simple imprisonment for four months and to undergo simple imprisonment for four months and to pay a fine of Rs. 200/-, in default to undergo further simple imprisonment for fifteen days for the said offences, respectively. The Trial Court gave benefit of set off to the accused-convict and ordered both the sentences to run concurrently.

(2.) THE facts of the prosecution case, in brief, are that the appellant's wife, Samiben, had gone to her parental house on 2. 3. 2001 at about 12. 00 noon. Suspecting that his uncle, Kaliyabhai Chothiyabhai, was responsible for her going to her parental house, the appellant had gone to the house of his uncle, Kaliyabhai Chothiyabhai, with a wooden log in his hand and assaulted Kaliyabhai with it. He inflicted blows with the wooden log on head as well as on leg of the deceased. The deceased fell down and started bleeding. He was then taken to the police and then to the hospital, where he was declared dead. Offence was registered by Chhota Udepur Police Station on the basis of an F. I. R. lodged by Sabuben Kaliyabhai, wife of the deceased. It was investigated and charge sheet was filed in the Court of Judicial Magistrate, First Class, Chhota Udepur, which, in turn, committed the case to the Court of Sessions and Sessions Case No. 34 of 2002 came to be registered.

(3.) LEARNED Advocate, Ms. Shilpa Shah, for the appellant and learned Additional Public Prosecutor, Mr. Mengdey, are heard.