SAVABHAI P PARMAR 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 dated 29th September, 1993, passed by the learned Additional Sessions Judge, Baroda, in Sessions Case No.144 of 1992, whereby the learned Additional Sessions Judge was pleased to convict the appellant for the offence punishable under Sections 498(A) and 306 of the Indian Penal Code and sentenced him to undergo simple imprisonment for a period of two years, and also imposed fine of Rs.3,000/-; and in default of payment of fine, sentenced him to undergo simple imprisonment for a further period of six months.

(2.) THE case of the prosecution is that the deceased was the wife of the appellant. It is the case of the prosecution that prior to the date of incident, many a times the appellant used to quarrel with deceased-Dhaniben and deceased was also physically tortured. THErefore, on 13th August, 1992 the deceased-Dhaniben at about 10.15 hours poured kerosene on her body and set herself on fire outside her house. Brother of the appellant and neighbour of the appellant had taken the deceased-Dhaniben to S.S.G. Hospital at Baroda. When the doctor, who was present in the hospital, inquired about what has happened, the deceased-Dhaniben told the doctor that she was tortured by her husband and therefore, as a last step, she committed suicide.

(3.) THEREAFTER, charge at Exhibit 7 was read over to the appellant. The appellant did not plead guilty and claimed to be tried.