RAJESHBHAI @ RAJUBHAI MERUBHAI VAJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicants (original accused No. 4 and 5) under Section 389 of Cr.P.C. seeking their suspension of sentence pending the appeal being Criminal Appeal No. 1703 of 2019 arising out of the judgment and order dated 18.05.2019 passed by the District and Sessions Judge, Bhavnagar (hereinafter referred to as 'the Sessions Court') in Sessions Case No. 13 of 2017, whereby the Sessions Court has convicted the present applicants along with three other accused for the offence punishable under Sections 302, 143 and 149 of IPC and sentenced them to the life imprisonment along with other sentences

(2.) As per the case of the prosecution before the Sessions Court, the complainant (deceased) Shilpaben had lodged the complaint alleging inter alia that her husband Vicky had an illicit relationship with one girl Poonam, and therefore, quarrels used to take place between her and her husband. On the day of incident at about 3:00 p.m., when the complainant was at her home, all the accused i.e. Rajeshbhai @ Rajubhai (maternal uncle of Poonamben), Ashokbhai Merubhai (another maternal uncle of Poonamben), Chanabhai @ Hafun Gordhanbhai Vegad (father of Poonamben), Ramaben (mother of Poonamben) and Majuben (grandmother of Poonamben), came to her home and started asking as to where her husband was. When the complainant said that she did not know, the mother of Poonamben told her that she had to find out her husband Vicky anyhow, otherwise she would be burnt by sprinkling kerosene oil. Thereafter, all of them started quarrelling with Shilpaben, and then Rajubhai, maternal uncle of Poonam poured kerosene from one plastic cane on Shilpaben, and the parents of Poonamben caught hold of Shilpaben and Majuban, grandmother of Poonamben gagged her mouth, and another maternal uncle Ashokbhai burnt shilpaben by lighting matchstick. The said Shilpaben thereafter started screaming and jumped into one water tank. Thereafter she was brought by her mother Hansaben to the Government Hospital. As per the further case of prosecution, her dying declaration was recorded by the Executive Magistrate and the complaint was recorded by the PSI Gangajaliya Police Station, Bhavnagar, at Government Hospital at 20:05 hours.

(3.) The Sessions Court after appreciating the evidence on record, convicted and sentenced all the five accused as stated hereinabove, against which the said appellants - accused have preferred the Appeal which has been admitted by the Court. Pending the said appeal, the present applicants have filed the present application seeking suspension of their sentence under Section 389 of Cr.P.C.