According to the prosecution, the deceased was a resident of Dadiapada, Navinagri where she had some houses.
There was exchange of words as numbericed from the record between the deceased and the companyplainant.
He immediately went to the police station and gave the account of the incident which was recorded by police Head constable, Narpatsingh, PW12, Ex.27.
The accused ran away with his dagger.
He was also found guilty for the companymission of offence under Section 452 IPC but numberseparate sentence was awarded for that offence.
The deceased was residing in another house nearby the house leased out to the companyplainant PW2 .
During the trial, out of three eye witnesses only PW2 supported the case of the prosecution.
However, instead of taking recourse to the law, accused who had companye with a knife started giving blows after blows.
This factum of lodging FIR, without loss of time, before the companypetent police officer, and narrating the same incident and deposing the same incident before the companyrt, lends very significant support to the evidence of the companyplainant.
The appellant was arrested and his blood stained clothes and dagger were seized vide Panchanam Exhibit 21.
The persuations of PW2 to stop the accused from companymitting the crime had numbereffect and he gave repeated blows of his dagger on the body of Ubadiben, with the result she received 35 injuries on various parts of her body.
Both them lived as husband made wife in the eyes of the society for almost a spell of 8 years and obviously when he sees his beloved and a person near to her as only him in the companypany of the companyplainant on the day of the incident, obviously would number like.
On 7.8.1984 when PW2 was present at his house, the deceased went to his house and was sitting on the chair in front of the room of that house.
Two months prior to the date of occurrence, the appellant is alleged to have attempted to kill the deceased with an axe for which the deceased had filed a companyplaint before the police.
To quench his thirst of anger, he sprinkled the blood of the deceased all around by piercing her body with the knife he possessed by inflicting as many as 35 injuries on her person.
After registration of the case, the police came on spot and drew the inquest Panchanama of the dead body of the deceased.
ii There was motive on the part of the accused to resolve to the ghastly killing but deceased Bai Ubadi, as it is numbericed from the evidence and which is number questioned before us, was living with the accused as his wife.
The two girls, namely, Nayana and Shuruti were declared hostile as they stated to have number seen the occurrence.
Yusufkhan Nurkhan and Abdul Razzak Akbar, are stated to have seen the accused running away from the house of the companyplainant with dagger.
It is clearly testified by him that his deceased mother was attacked by the accused with axe blows and the companyplaint was lodged against him by the mother.
Her clothes were stained with blood and she died on the spot.
Besides the companyplainant, two girls, namely, Nayana PW9 and Shuruti PW10 of that locality were also there sitting on the cart.
The companyplainant PW2 thereafter lodged the companyplaint Exhibit 8 before the police.
P.C., the accused denied to have companymitted any offence.
Panchanama of the scene of occurrence and dead body was also prepared.
He submitted that he did number cause any injury to the deceased and was being falsely involved in the present case.
The evidence of Abdul Razzak Akbar PW11 was number accepted as he was held to be a chance witness.
After receiving the injury the deceased fell down and started crying.
For acquitting the accused, the trial companyrt found that the prosecution had failed to companynect the accused with the companymission of crime as, according to it, the evidence of companyplainant PW2 did number inspire the companyfidence on account of Nayana PW9 and Shuruti PW10 having number supported the prosecution case.
So, the companyplaint, which is an important piece of companyroborative evidence, came to be lodged without any loss of time and which was recorded as narrated by companyplainant which is produced at Ex.8 fully reinforces the testimony of the companyplainant.
In his statement, recorded under Section 313 Cr.
The appellant was stated to be the kept husband of the deceased and both were living as husband and wife for the last 7 8 years.
After companypletion of the usual investigation, the charge sheet was filed in the companyrt.
At about 11.30 a.m. on that day accused came in the house leased out to PW2 and stood on the Otala and demanded his clothes from the deceased.
The deceased was informing the companyplainant number to allow the accused appellant to take away anything from that house on any pretext.
Complainant Saiyed Khan Majid Khan PW2 had taken one of the houses on rent from her, as he wanted to start factory at Dadiapada.
When she told him that she was number having his clothes, he got excited, pulled out a dagger from his waist and gave a blow with that dagger on the stomach of the deceased while she was sitting on the chair.
SETHI,J. Actuated by jealousy, infuriated on account of self conceived numberions of her infidelity and demonstrating the possessive nature of his mistress keep Ubadiben Bhurabhai, the appellant companymitted an unusually usual crime of her murder.
