STATE OF GUJARAT Vs. CHAMPABEN MANGALDAS BAROT

JUDGEMENT

(1.) THE present Appeal arises from a judgment and order dated 27.11.1991 passed by the learned Addl.Sessions Judge, Ahmedabad (Rural) at Mirzapur in Sessions Case No.127/1990 for offences punishable under section 302 read with section 34 of the Indian Penal Code. It has been filed by the State of Gujarat under section 378 of the Code of Criminal Procedure, 1973.

(2.) THE facts of the case in brief are that the incident took place on 9.4.1990, in Barot Vas, Bilasiya village. The deceased Jyotikaben was married to accused No. 2. Accused No.1 is mother-in-law of the deceased. It is the case of the prosecution that on account of staying separately from the Barot vas, there were quarrels between the deceased and the accused No.2 and accused No.1. The case of the prosecution is that the respondent - accused No.2 along with his mother- accused No.1 poured kerosene on deceased Jyotikaben and ignited her by match stick. On hearing the news, father, mother and brother of the deceased reached from Vatva and they have taken the deceased to L.G. Hospital. During treatment, she died in the hospital. Charge sheet has been filed for the offences under section 302 read with section 34 of Indian Penal Code. After completing the investigation of the complaint of Jyotikaben which came to be registered as CR-I. No. 49 of 1990 with the Kunjad police station against the accused. As the offence under section 302 of IPC is triable by the Court of Sessions, the learned Judicial Magistrate First Class, Ahmedabad committed the case to the Sessions Court at Ahmedabad (Rural) under section 209 of the Criminal Procedure Code.

(3.) TO prove the case, the following prosecution witnesses were examined ­ PW 1 Mohammad Siddique Gulamnabi, Exh.10, PW 2 Devikaben Ashokkumar , Exh. 13, PW 3 Bhikhaji Mangaji, Exh.21, PW 4 Shantaben Raghunathbhai, Exh.23, PW 5, Pratik Ravjibhai Exh.24, PW 6 Shikanderkhan Amirkhan Exh.27.