KANAIYALAL BIHARILAL LALWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant accused has preferred this appeal under section 374 of the Code of Criminal Procedure, 1973 and has challenged the judgment and order of conviction and sentence dated 26.6.2005 passed by the learned Addl. Sessions Judge, Fast Track Court No.3, City Sessions Court, Ahmedabad City in Sessions Case No.248 of 2004 convicting him for the offence u/s 302 and 436 of the IPC and sentencing him to undergo life imprisonment and to pay fine of Rs.2000/- in default to undergo three months' imprisonment for the offence punishable under section 302 of the IPC and RI for ten years and to pay fine of Rs.2000/- in default to undergo three months' imprisonment for the offence punishable under section 436 of the IPC.

(2.) According to the prosecution case, deceased Sureshbhai was the brother of accused and were doing business of readymade garments. Before about 7 months' of the incident, the accused was relieved from the shop and keeping grudge of the same, on 4.11.2003 at about 21:45 hrs., the accused sprinkled inflammable liquid on deceased Sureshbhai in his shop and threw ignited paper. On account of the burn injuries, Sureshbhai died and the shop sustained damages of Rs.76,000/-.

(3.) On the basis of first information lodged by deceased Sureshbhai before Kalupur Police Station, Ahmedabad, offence was registered and investigation was started. During the course of treatment, dying declaration of Sureshbhai was recorded. During the treatment, Suresbhai died. On completion of investigation, charge sheet was filed against the accused for the aforesaid offences in the court of learned Metropolitan Magistrate, Ahmedabad. As the offence was triable by the court of Sessions, the case was committed to the Sessions Court and it was registered as Sessions Case No.248 of 2004. Learned Addl. Sessions Judge, Fast Track Court No.3, City Sessions Court, Ahmedabad City framed charge Exh-3 for the aforesaid offence against the accused. The charge was read over and explained to him. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution adduced evidence. At the end of recording of evidence, incriminating circumstances appearing in the evidence were explained to the accused. The accused in his further statement recorded under section 313 of the Code of Criminal Procedure, 1973 denied having committed the offence and also filed written statement stating that there was no dispute between them and on hearing the news about fire, Komal wife of the deceased sent his son Gaurav to his place. Therefore, he went at the market with one Chaturbhai and learnt that Sureshbhai has sustained burns and is taken to Civil Hospital. Therefore, he went to Civil Hospital. Thus, false case is filed against him and he feels that Sureshbhai has committed suicide, as he had earlier taken three insurance policies. After hearing learned advocates for the parties, learned trial Judge by his judgment dated 26.6.2005 convicted the accused and sentenced him as mentioned herein above. Being aggrieved by the said decision, the accused has preferred this appeal.