BHANUBHAI KADVABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant ' original accused has filed this Appeal against the Judgment and order of conviction and sentence dated 20.02.1996 passed by the learned Additional Sessions Judge, Junagadh, in Sessions Case No. 119 of 1994, whereby the learned Additional Sessions Judge has held the appellant ' accused guilty (i) for the offence punishable under Section 306 of I.P. Code and sentenced him to suffer Imprisonment for 7 (seven) years and to pay a fine of Rs.1,000/- i/d to undergo SI for 4 (four) month and (ii) for the offence punishable under Section 498-A of I.P. Code and sentenced him to suffer Imprisonment for 2 (two) years and to pay a fine of Rs.500/- i/d to undergo SI for two months. THE learned Judge ordered that all the sentences to run concurrently. On 6.3.1996 the appellant has submitted an application that he is poor and unable to engage lawyer and that he may be provided Advocate from the Legal Aid. THE said application of the appellant was treated as Appeal and accordingly treated as Criminal Appeal No.213 of 1996 and the appellant was provided Advocate from the Legal Aid.

(2.) THE brief facts of the case of prosecution are that the appellant married with Manjuben (deceased) before five years from the date of incident, and out of their wedlock, two daughters were born. It is alleged that the appellant was in the habit of consuming liquor and, therefore, frequently the quarrels were taking place between the appellant and the deceased. It is alleged that on the date of incident, due to mental harassment, the deceased poured kerosene on her and set her on fire. On seeing that his wife is burning, the deceased shouted for help. THErefore, the neighbourers rushed there and tried to save her. THEreafter, the father of the deceased came and the deceased was shifted to the hospital where she died. It is alleged that when the deceased was shifted to the hospital and when the Police came, at that time she was fully conscious. THE police lodged the complaint. In the said complaint the victim has stated that her husband (appellant) was in the habit of consuming liquor and was beating and taunting her and, therefore, due to mental harassment of her husband, she has committed suicide. THE police registered the offence under Sections 306 & 498-A of I.P. Code against the accused.

(3.) BEING aggrieved by and dissatisfied with the aforesaid Judgment and order of conviction and sentence, the appellant ' accused has preferred this Appeal.