DINESHBHAI Vs. JAIL SUPERINTENDENT

JUDGEMENT

(1.) The present application has been filed seeking suspension of sentence under Sec. 389 of the Code of Criminal Procedure, 1973 in Criminal Appeal under Sec. 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction under Sec. 302 of IPC dtd. 13/06/2018 passed by the 5 th Additional Sessions Judge, Gondal, Rajkot in Sessions Case No. 47 of 2016.

(2.) According to the case of the prosecution, the incident had occurred on 04/08/2016 when the present applicant- appellant and his wife were at their home at around 11:00 p.m. It was the occasion of Dashama Vrat and the husband- applicant had demanded a meager sum of Rs.50.00 from the deceased-wife for gambling purpose which was denied by the deceased-wife and that infuriated the applicant who gave filthy abuses and poured kerosene over her. He also set her ablaze resulting into the unfortunate death of the wife after five days of the incident. This resulted into lodgment of FIR on 05/08/2016 which culminated into Sessions Case No. 47 of 2016 holding the applicant guilty.

(3.) We have heard learned Advocate Mr. Sethna appearing for the applicant who earnestly urged that it was too meager a sum and a trivial reason for anyone to commit such heinous act. He further has urged that the prosecution had failed to establish beyond reasonable doubt the recording of the dying declaration by the Executive Magistrate since the burn injuries on the person of the deceased was to the tune of 84- 92%. It is also his say that she has added the name of the mother-in-law and no prosecution has also been initiated against her mother-in-law. This, at the best, according to him is a case which should fall for the purpose of punishment under Sec. 304 Part 1 of IPC . He argued further that the appeal would take a long time and therefore, the Court may exercise its discretion and release him on regular bail. All stringent conditions shall be adhered to by him.