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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D.M.VYAS
State of Gujarat – Appellant
Versus
Raijibhai Fulabhai Sodha – Respondent
JUDGMENT :
CHEEKATI MANAVENDRANATH ROY, J.
1. This appeal is preferred against the judgment dated 2.5.2013 passed in Sessions Case No.58 of 2012 on the file of the learned Third Additional Sessions Judge, Kheda at Nadiad, whereby the sole accused-respondent was acquitted of the charge under Section 302 of the INDIAN PENAL CODE .
2. Facts germane to dispose of this appeal may briefly be stated as follows:-
2.1 It is the case of uxoricide. As per the prosecution case, Rakshaben is the legally wedded wife of the accused (hereinafter referred to as “the deceased”). Their marriage was solemnized about seven to eight years back, prior to the date of offence. They were blessed with one son by name Prakash, aged about two and a half years, during their lawful wedlock. Both the accused and the deceased, who is the wife of the accused, are living along with their son under one roof in one house in the Village-Moti Timbli, Taluka-Mahemadavad.
2.2 While they were living together, it is stated that, on 9.4.2012, the accused demanded her to give her silver ornaments for the purpose of taking alcohol at about 5 p.m. on that day. It appears that when she refused to give her silver ornaments that ther
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