SAVITABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of the judgment dated 24.06.2014 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.1389 of 2007 in and by which the High Court affirmed the conviction of accused No.1-Manaharbhai Ambalal Rohit and accused No.2-Savitaben under Sec. 302 Penal Code read with Sec. 114 Penal Code and sentenced them to undergo imprisonment for life and also imposed a fine of Rs.500.00 each with default clause. They were also convicted under Sec. 452 Penal Code read with Sec. 114 Penal Code and sentenced to undergo rigorous imprisonment for two years along with a fine of Rs.100.00 each with default clause. Accused No.1-Manaharbhai Ambalal Rohit was also convicted u/s 504 Penal Code and sentenced to undergo rigorous imprisonment for one month.

(3.) Case of the prosecution is that on 04.06.2005 at 12.00 Noon, complainant-Bhikhabhai Mithabhai Rohit (PW-4) went to his field. At about 02.30 PM, Narmadaben, wife of the complainant was at her house and she was admonishing her son Bharat (PW-12) regarding some work. At that time, accused No.2-Savitaben thought that Narmadaben was telling the same to her only which resulted in wordy quarrel between them. Accused Manaharbhai Ambalal Rohit and his wife Savitaben started abusing deceased Narmadaben. Thereafter, accused Manaharbhai Ambalal Rohit chased Narmadaben with stick to beat her and Narmadaben went inside the house and closed the door of the house. Accused Manaharbhai Ambalal Rohit and his wife Savitaben are alleged to have broken the door and thereafter, accused Manaharbhai Ambalal Rohit took Narmadaben to the last room catching hold of her braid and made her to lie down in the cot. Thereafter, accused No.1-Manaharbhai Ambalal Rohit asked accused No.2- Savitaben to bring kerosene. It is alleged that accusedSavitaben brought the jar of kerosene and gave it to her husband Manaharbhai Ambalal Rohit and thereafter, accused No.1 poured the kerosene on deceased Narmadaben and set her on fire and thereafter, both the accused ran away. When Narmadaben fell down, Rajesh Kumar Makwana (PW-15) and Gunvantsinh Makwana (PW16) came there and covered Narmadaben with mattress. Bharat (PW-12)-son of the deceased went to the field and informed his father Bhikhabhai Mithabhai Rohit (PW-4) about the incident. PW-4 went to the house and found his wife lying in burnt condition. According to PW-4, he asked Narmadaben how the occurrence took place and deceased Narmadaben is said to have narrated the whole occurrence to him. Thereafter, deceased Narmadaben was taken to the Civil Hospital, Ahmedabad and she succumbed to injuries at 07.00 PM.