KANTILAL BHIKHABHAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 03rd June, 2002 passed by the learned Additional Sessions Judge, Veraval, in Sessions Case No.174 of 1999, whereby the learned Additional Session Judge was pleased to convict the appellant for the offence punishable under Section 306 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for a period of four years, and also imposed fine of Rs.2,000/-, and in default of payment of fine; sentenced him to undergo rigorous imprisonment for a further period of two months. THE appellant was also convicted for the offence punishable under Section 498-A of the Indian Penal Code and and sentenced to undergo rigorous imprisonment for a period of one-and-half-year with fine of Rs.500/-, and in default of payment of fine, sentenced to undergo rigorous imprisonment for a further period of 15 days. However, it was clarified that both the sentences shall run concurrently.

(2.) AS per the case of the prosecution, the appellant got married with the deceased prior to five years from the date of incident. It is the case of the prosecution that appellant and deceased-wife of appellant, residing separately because of the say of the deceased-wife; however, the appellant regularly visiting his parents. AS per the case of the prosecution, on the day of incident also the appellant visited his parents and when the deceased-wife asked him as to why he had visited his parents though they are not talking to her, the appellant slapped thrice to the deceased-wife and told her that if she wants to live with him, she can, otherwise she could go to her parental home. The appellant further told the deceased-wife that he would go to her father's house. It is also the case of the prosecution that the appellant often used to beat the deceased-wife and threatened the deceased-wife to go to her parental home and therefore, because of the mental and physical cruelty imposed upon the deceased-wife, she poured kerosene on herself and set herself on fire. Because of burning, the deceased-wife shouting and therefore, Lakhabhai Rabari, Dilubhia and the appellant rushed there and covered her body by mattress and extinguish the fire. Thereafter, the deceased-wife was taken to Government Hospital at Maliya. At that time she was in conscious state of mind and gave a compliant to the said effect to Constable.

(3.) BEING aggrieved by and dissatisfied with the impugned judgment and order of conviction and sentence passed by the learned (Second Extra) Additional Sessions Judge, Veraval, the appellant has preferred the present appeal.