MUKESH @ MUNNO BHIMABHAI CHAUHAN 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 06 th July, 2009 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Junagadh, in Sessions Case No.54 of 2008 , whereby the learned Additional Sessions 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 seven years, and also imposed fine of Rs.1,000/ -; and in default of payment of fine, sentenced him to undergo simple imprisonment for a further period of one month. The appellant was also convicted for the offence punishable under Section 323 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of six months, and also imposed fine of Rs.100/ -, and in default of payment of fine; sentenced to undergo imprisonment for a further period of 15 days. The appellant was also convicted for the offence punishable under Section 504 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of six months, and also imposed fine of Rs.100/ -, and in default of payment of fine; sentenced to undergo imprisonment for a further period of 15 days. The appellant was also convicted for the offence punishable under Section 509 of the Indian Penal Code and sentenced to undergo simple imprisonment for a period of six months, and also imposed fine of Rs.100/ -, and in default of payment of fine; sentenced to undergo imprisonment for a further period of 15 days. However, it was ordered that all the sentences shall run concurrently.

(2.) THE short facts of the case is that on 16 March, 2008, the accused had gone to the house of the complainant and asked her to run away and elope with him. The complainant refused to do the same and therefore, the accused assaulted the complainant severely giving kick and fist blows as also by belt. It is also the case of the complainant that she had enjoyed an illicit relationship for three years with the accused and since her children grown up, she did not want to run away with the accused. Feeling humiliated and because of harassment, the complainant poured kerosene on her chest and set herself ablaze. That hearing her hue and cries, her children came there and doused the fire and took her to the hospital. Therefore, a complaint to the said effect was registered with Vanthali Police Station, District -Junagadh.

(3.) THEREAFTER , necessary investigation was carried out and panchnama of seen of offence came to be prepared. Thereafter, during the course of the investigation, the accused came to be arrested. Statements of witnesses came to be recorded and gathered documentary evidence. Clothes of the deceased - complainant came to be seized and also gathered muddamal articles for analysis. The complainant during the course of treatment succumbed to the burn injuries sustained by her after 15 days of the incident. Thereafter, inquest panchnama was also prepared. As sufficient evidence was found against the appellant, charge -sheet came to be filed against the appellant in the Court of learned Judicial Magistrate First Class, Vanthali, who in turn committed the said case in the Court of Sessions, Junagadh for adjudication as the offence was exclusively triable by the Court of Sessions.