MANIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant is the mother in law of the deceased. They were living in the same premises. Whereas the deceased and her husband Dinesh Danabhai were occupying the first floor, appellants were occupying the ground floor. There was, however, a common wash room at the ground floor. The passage to the first floor of the house was also through the ground floor.

(2.) There was a dispute between the families in regard to the charges for consumption of electrical energy. The dispute between the parties led even to the appellant lodging a complaint against her son Dinesh resulting in his arrest. At the relevant point of time, the deceased was pregnant. At about 10.15 a.m. on 31.7.2002, when Dinesh was in his office and their daughter Dolly was asleep, the deceased came to the ground floor for answering the call of the nature.

(3.) As she was about to climb the staircase for going to the first floor, Girishbhai (Accused No. 1) is said to have caught her hair from behind and forcibly threw her on the floor, poured some kerosene over her body, and appellant is said to have lighted the match stick. Both the accused thereafter went outside the house. The deceased tried to extinguish the fire by pouring water on her person from a bucket. In the meanwhile, she received extensive burn injuries. She cried out for help whereupon the wives of her elder brothers-in-law, namely Pushpaben and Gitaben, came together with some neighborers. They took her to a hospital and her husband was informed. She disclosed the cause of her receiving burn injuries to the doctor. She was referred to the Civil Hospital at Ahmedabad in view of seriousness of her condition. She was immediately taken to Ahmedabad and was admitted in the V.S. Hospital in the burns ward.