SOLANKI GAUTAMBHAI JETHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is at the instance of a convict accused for the offences punishable under Sections 302 and 498-A of the Indian Penal Code, and is directed against an order of conviction and sentence dated 21st February 2006, passed by the learned Principal Sessions Judge, Mehsana in Sessions Case No.215 of 2005. By the aforesaid order, the learned Principal Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently, sentenced him to suffer Life Imprisonment and fine of Rs.5,000/-. In default of payment of fine, the appellant was directed to undergo further Rigorous Imprisonment for two years. The learned Principal Sessions Judge also found the appellant guilty of the offence punishable under Section 498-A of the Indian Penal Code and consequently, sentenced him to suffer Rigorous Imprisonment for one year and fine of Rs.500/- In default of payment of fine, the appellant was directed to undergo further Rigorous Imprisonment for one month.

(2.) The deceased Jyotsnaben was a lawfully wedded wife of the accused. Marriage of the deceased was solemnized with the accused before 4 years from the date of the incident. During the wedlock a son was born named Chandan. At the time of incident, Chandan was aged around three years. It is the case of the prosecution that the accused had doubts as regards the fidelity of his wife, the deceased, as a result of which, there was maladjustment in the marital life of the deceased and the accused. On 14th August 2005, the deceased was at home at around 10:30 in the morning and at that point of time her husband, the accused, picked up quarrel and assaulted the deceased. Thereafter, the accused is alleged to have sprinkled kerosene on the body of the deceased, and igniting a match-stick, set the deceased on fire. It is also the case of the prosecution that thereafter the accused and the brother of the accused took the deceased to a hospital where the deceased lodged her First Information Report, Exh.14, which was in the form of a Dying Declaration recorded by the police officials. Thereafter, the Executive Magistrate also recorded dying declaration of the deceased, Exh.12.

(3.) On the strength of the dying declaration of the deceased recorded by the police, investigation commenced. On the next day i.e. on 15th August 2005 at around 14:30 hours, the deceased succumbing to the injuries passed away. Dead body of the deceased was sent for postmortem examination. The postmortem examination revealed that the deceased had sustained 2nd degree to 3rd degree burns on face, neck, front and back of both thighs, both upper limbs, right lower limb, left lower limb upto face. The cause of death was assigned to be shock due to burns. The postmortem report further revealed that the deceased was carrying a pregnancy of about 61/2 months. Scene of offence Panchnama Exh.17 was drawn on the date of the incident itself i.e. on 14th August 2005. Arrest panchnama of the accused Exh.23 was drawn. Inquest panchnama was drawn at Exh.25. Dying declaration of the deceased was recorded by the police officer, which was treated as First Information Report. Dying declaration was also recorded by the Executive Magistrate Exh.12. Statements of various witnesses were recorded by the Investigating Officer. After arrest of the accused, the accused led the Investigating Officer, in presence of two panch witnesses, at his residence, from where he took out the clothes which he had worn at the time of incident and handed over the said clothes to the Investigating Officer in presence of two panch witnesses. That is how the panchnama of recovery of the clothes of the accused and a container of kerosene Exh.18 was drawn on 16th August 2005.