JANKARALI JANJIRALI RAFAI FAKIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE Appellants accused have preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Bhavnagar on 9.11.2004 in Sessions Case No. 210 of 2003 convicting them for the offence punishable under Section 302 r/w 114 of the IPC and sentencing them to undergo life imprisonment and to pay fine of Rs. 2000/ -, in default, to undergo SI for two years. The Appellant Zahidaben is also convicted for the offence under Section 498A of the IPC and sentenced to undergo SI for one year and to pay fine of Rs. 500/ -, in default, to undergo SI for six months. The sentences were ordered to run concurrently.

(2.) ACCORDING to the prosecution case, Appellant accused Jankarali Janjirali was the father -in -law and Appellant accused Zahida was the sister -in -law of deceased Banuben and were harassing her. On 18.8.2003, deceased Banuben demanded key to change her clothes, but the accused refused and thereafter, accused Jankarali caught hold of Banuben and accused Zahida poured kerosene on Banuben and ignited match stick and thereby Banuben received burn injuries. On account of burn injuries, Banuben was taken to Mansinhji Hospital, Palitana, but as her condition was serious, she was advised to be taken to Bhavnagar. Therefore, she was being taken to Bhavnagar in a vehicle, but on the way, she died.

(3.) ON the basis of first information report lodged by deceased Banuben, offence was registered and investigation was started. During the investigation, statement of witnesses were recorded, panchnama was drawn and postmortem of dead body of deceased Banuben was performed. At the end of investigation, charge sheet came to be filed against the accused for the aforesaid offence in the Court of JMFC, Palitana. As the offence was triable by Sessions Court, the case was committed to the City Sessions Court and it was registered as Sessions Case No. 210 of 2003. The learned Additional Sessions Judge framed charge Exh -6 for the aforesaid offences against the accused. The charge was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the incriminating circumstances appearing in the evidence against the accused were explained to them. Accused Jankarali, in his further statement recorded under Section 313 of the Code of Criminal Procedure, 1973, stated that he is father -in -law of the deceased and when the deceased sustained burn injuries, he came out of the room on hearing her shouts and extinguished fire with the help of accused Zahida and the victim was taken to the Hospital with the help of the neighbours. The parents of the deceased wanted to file case against accused Zahida, but he refused to do so and therefore, there was altercation and he has been falsely implicated. Appellant accused Zahida, in her further statement recorded under Section 313 of the Code of Criminal Procedure, 1973, stated that at the time when the incident occurred, she was in the kitchen preparing chapati and on hearing shouts of the victim, she came out of the kitchen and accused Jankarali was their guest and with his help, fire was extinguished and the victim was taken to the Hospital. Thus, she is innocent. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the trial Court convicted the accused and sentenced them as mentioned herein before. Being aggrieved by the said decision, the accused have preferred this appeal.