TRIBHOVANDAS SITARAM SADHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of the judgment and order rendered by the learned Additional Sessions Judge, FTC-2, Patan, in Sessions Case No.537/2002 (old Sessions Case No.21/1992), dated 20.10.2004, convicting the appellant for the offences punishable under Sections 302 and 498-A of the Indian Penal Code ["IPC" for short].

(2.) As per the prosecution case, the appellant was married to Ramilaben, the victim. The appellant had illicit relation with one Lilavatiben and, therefore, the appellant used to ill-treat the victim and on 16.10.1991 at about 9.30 A.M., the appellant poured kerosene on his wife Ramilaben and set her to fire. As a result of the burn injuries, Ramilaben died. In this context, FIR was lodged by Sitaramdas Devidas, father of the victim on 17.10.1991, on the basis of which, offence was registered and investigated. The police filed charge-sheet against the appellant in the Court of learned J.M.F.C. Radhanpur, who, in turn, committed the case to Sessions Court, Banaskantha at Palanpur and Sessions Case No.21/1992 came to be registered. Thereafter, upon creation of a new district, viz.Patan, in which Radhanpur Taluka falls, the said Sessions Case came to be transferred to Sessions Court at Patan, where the same came to be registered as Sessions Case No.537/2002.

(3.) Heard learned advocate Mr.Dave for the appellant and learned A.P.P.Mr.Parikh for the respondent-State.