STATE OF GUJARAT Vs. BABUJI ALIAS MULSING DHUDAJI

JUDGEMENT

(1.) Rule. Mr. K. B. Pujara waives service of Rule on behalf of the respondent.

(2.) This application is filed under Sec. 391 of Cri. Pro. Code on behalf of the State to issue summons to Dr. Manoj A. Sanghvi to come with case papers of deceased Leelaben who was treated in the V. S. Hospital Ahmedabad.

(3.) The facts of the case are ar under : The deceased Bai Leela wife of the accused was residing with the accused in Viramgam town. As per the prosecution the accused was in the habit of consuming liquor and he had no other activity and hence quarrels often took place between the accused and deceased Leela. On 14-3-1984 at about 9 p.m. the accused came to his house after consuming liquor and quarrelled with his wife and during this quarrel the accused sprinkled kerosene on Bai Leela in the Kitchen and set fire her by a match-stick. On hearing the shouts and cries of Leela Lalsinh Ranaji and other neighbors residing nearby came. The neighbours tried to extinguish the fire by moans of quilts. According to the prosecution the accused was present in the house in a drunken condition at that time and be was banded over to the Police Station by P. W. Natubhai the brother-in-law of the accused. The injured Leelaben was placed in a rickshaw and removed to Viramgam Mahatma Gandhi Hospital. The Medical Officer of Viramgam Hospital advised Leelaben to be immediately removed to the Civil Hospital Ahmedabad. Since there was a strike in the Civil Hospital Leelaben was transferred to V. S. Hospital at Ahmedabad where she was admitted and transferred by Doctor. According to the prosecution Head Constable Adambhai Ex. 26 of Ellisbridge Police Station who was on duty at the V. S. Hospital found that the injured was serious and sent a Yadi at Ex. 28 to the Executive Magistrate for taking the dying declaration. The Executive Magistrate P. W. 2 Babulal Shah recorded the dying declaration at Ex. 17 of the injured Leela on the same night. P. W. 9 Head Constable Adambhai also recorded the statement Ex. 36 of injured Leelaben. Necessary information about this incident was sent to Viramgam Police Station. During treatment Leelaben died In the V. S. Hospital on 15-3-1984 at 10.55 p.m. P.W. 11 P.S.I. Dashrathsinh Vaghela came to know of the incident on 14-3-1984 and he started the investigation. He visited the place of the incident and took the F. I. R. Ex. 15 at 0-40 a.m. on 15-3-1984 from the complainant P. W. 1 Madarsinh. Panchnama of the person of the accused was also prepared. Statements of concerned witnesses were recorded. On occurrance of the death of the injured Leelaben the offence was changed from Sec. 307 I. P. C. to Sec. 302 I. P. C. After completion of the investigation the accused was charge-sheeted in the Court of the learned Judicial Magistrate. F. C. Viramgam who committed the case to the Court of Sessions The care of the accused was tried by the Court of the learned Addl. Sessions Judge Ahmedabad (Rural) at Narol. By his judgment and order dated 10-9-1984 the learned Addl. Sessions Judge convicted the accused for the offence punishable under Sec. 302 I. P. C. and sentenced him to imprisonment for life