MANOJBHAI BHIKHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant - original accused in Sessions Case No.259 of 2002 is convicted by learned Additional Sessions Judge, Valsad by judgment and order dated 16.8.2004 for the offences punishable under Sections 498-A and 306 of IPC and sentenced to suffer simple imprisonment for two years and to pay fine of Rs.1000/-, in default, to suffer further simple imprisonment for two months for the offence under Section 498-A of IPC and to suffer simple imprisonment for seven years and to pay fine of Rs.2000/- in default, to suffer further simple imprisonment for five months for the offence under Section 306 of IPC. The said judgment and order is challenged by the present appellant in this appeal.

(2.) In brief, it is the case of the prosecution that under the influence of alcohol, the present appellant came in the house and quarreled with the wife. So, the deceased wife told the appellant as to why he came in drunken condition; thereupon the present appellant started to beat his wife Vasantiben and therefore the deceased told the appellant that he intended to die and by saying so, the present appellant immediately replied that "you can die" and also gave kerosene and match stick to the deceased and so the deceased got excited and she sat herself on fire. It is stated that immediately after the incident took place, the present appellant - the husband of the deceased tried to save her and she was immediately shifted to the hospital by the present appellant.

(3.) Accordingly, the complaint was lodged by deceased Vasanti. On the basis of the complaint, the offence was registered and investigation was carried out by the Investigating Officer. During investigation, dying declaration of the deceased Vasantiben was also recorded by the Executive Magistrate and at the end of the investigation, the chargesheet for the offences punishable under Sections 498-A and 306 of IPC was filed in the Court of learned Judicial Magistrate, First Class, Pardi. As the case was exclusively triable by learned Sessions Court, learned Magistrate committed the said case to the court of Sessions.