HARIJAN BHALA TEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 15.07.2008, passed by High Court of Gujarat in Criminal Appeal No. 411 of 1986, whereby the High Court has allowed the appeal filed by State of Gujarat, and set aside the judgment and order dated 31.12.1985 passed by Additional Sessions Judge, Bhuj in Sessions Case No. 26 of 1985, recording acquittal of Harijan Bhala Teja (appellant before this Court). The High Court has convicted the accused under Section 302 of Indian Penal Code (IPC). By separate order dated 21.07.2008, after hearing on sentence, the High Court has sentenced the accused to imprisonment for life and also directed to pay fine of Rs.100/-.

(2.) Prosecution story, in brief, is that Jivibai (deceased) was married to appellant Harijan Bhala Teja. They used to live in village Nani Chirai. The deceased was carrying pregnancy of eight months. The prosecution case is that she was murdered on 20.02.1985 between 08 hours to 12 hours by the appellant, by strangulating her, and burial was done without informing and waiting for arrival of any of relatives from the parental side of the deceased. On 01.03.1985, PW-1 Vaja Ala (father of the deceased) got information about death of his daughter, and suspected the foul play on the part of the appellant. He gave a report (Exh.-22) at Police Station, Bhachau. On this, PW-8 Sub- Inspector Hayatkhan, on instruction from in charge of the Police Station, went to the village and made inquiries. On 02.03.1985, Executive Magistrate of the area directed that the body be exhumed, on which in the presence of Panch witnesses body was taken out, and inquest report was prepared. Dead body was sent for post mortem examination. On 04.03.1985, PW-5 Dr. Gopal Karsan Hirani of G.K. General Hospital, Bhuj, conducted post mortem examination and prepared the autopsy report (Exh.-19). He opined that the deceased had died due to asphyxia on account of strangulation.

(3.) The investigation was conducted by PW-9 Sub-Inspector, Kalukha Kureshi, who, after interrogating the witnesses and on completion of investigation, submitted the charge sheet against the appellant for his trial and in respect of his offences punishable under Sections 302 and 201 IPC.