Harijan Bhala Teja vs State Of Gujarat

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.

4. On committal of the case to the Court of Sessions, the charge was framed by Additional Sessions Judge, Kutch, Bhuj, on 30.11.1985 against the appellant relating to offences punishable under Sections 302 and 201 IPC, to which the appellant pleaded not guilty and claimed to be tried. On this, prosecution got examined PW-1 complainant Vaja Ala (father of the deceased), PW-2 Ramji (Sarpanch of village Nani Chirai), PW-3 Husen, PW-4 Devraj (a relative of the deceased and the appellant), PW-5 Dr. Gopal Karsan Hirani (who conducted post mortem examination), PW-6 Puna (uncle of the deceased), PW-7 Saiyadsha Mat (in charge of Police Station, Bhachau), PW-8 Sub-Inspector Hayatkhan (who made preliminary inquiries), and PW-9 sub-Inspector Kalukha (who prepared inquest report after the dead body was exhumed and investigated the crime).

5. The documentary and oral evidence was put to the appellant on 30.12.1985 in reply to which he stated that the evidence adduced against him is not true. However, he did not lead any evidence in defence. The trial court, after hearing the parties, acquitted the accused holding that the prosecution has failed to prove charge. Aggrieved by said judgment and order dated 31.12.1985, passed by Additional Sessions Judge, Bhuj, in Sessions Case No. 26 of 1985, the State of Gujarat filed the appeal before the High Court. The High Court, on 06.08.1986, granted the leave, and admitted the appeal.

21. Having gone through all the above statements and the medical evidence on record, we are in complete agreement with the High Court that charge as against the appellant stood proved beyond all reasonable doubts that he committed murder of his wife, and attempted to destroy the evidence by hurriedly getting buried the body.

23. For the reasons, as discussed above, we are not inclined to interfere with the conviction and sentence recorded by the High Court against the appellant. Therefore, the appeals are dismissed.

April 27, 2016.