CHAMPABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant is convicted by Sessions Court, Patan for the offence of having committed murder of her son-in-law Jagdishbhai Dahyabhai by pouring kerosene on him and setting him ablaze on 25.10.1999 at about 8.00 p.m., in her house near Bageswar Mahadev Temple, Patan and hence this appeal.

(2.) The prosecution case in brief is that the appellant, her daughter and her son-in-law Jagdishbhai Dahyabhai were staying together at the appellant's house near Bageswar Mahadev Temple at Patan. It is further case of the prosecution that the appellant was maintaining some illicit relationship which was objected to by her son-in-law, and therefore, on 25.10.1999 at about 8.00 p.m., upon the deceased Jagdishbhai rebuking the appellant about her relationship, she poured kerosene on his person and set him to fire. After the incident, the deceased went to his parental house. Before his mother and father he gave an oral dying declaration about the appellant having set him to fire. On the next day of the incident the deceased was taken to hospital. He also lodged an FIR with the police. In the FIR also he gave the same reason for his injuries. The Executive Magistrate recorded dying declaration, where also he gave the same reason for his burns injuries. Deceased Jagdishbhai ultimately succumbed to the injuries after about 9 days. The FIR which was initially lodged for attempt to murder thus became an FIR for murder by adding Section 302 of the Indian Penal Code. The police investigated the case and filed chargesheet in the Court of J.M.F.C., Patan who, in turn, committed the case to the Court of Sessions and Sessions Case No.339 of 2002 came to be registered. Charge was framed against the accused at Exh.13. She pleaded not guilty to the charge and claimed to be tried.

(3.) Considering the evidence led by the prosecution, the trial court came to a conclusion that the prosecution was successful in establishing charge of murder against the appellant and therefore convicted the appellant for the offence of murder and sentenced her to undergo imprisonment for life and to pay a fine of Rs.200/-, in default, to undergo further simple imprisonment for one month, by judgment and order dated 10.6.2005, rendered in Sessions Case No.339 of 2002. This has given rise to the present appeal.