JAYENDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The complaint (Exhibit-50) was filed by the victim-Kokilaben, while she was alive, after sustaining burn injuries that in the neighboring house to her, one Jayendra @ Somsinh, who is son of the brother of her father-in-law is staying with his family and there were disputes between her family and the family of the brother of father-in-law. But, the matter used to be settled and no police case was registered. However, the accused, Jayendra @ Somsinh, used to give threats repeatedly in connection with the said dispute. On the date of incident, during evening time at about 10:00 p.m., when she had gone to give fodder to the buffaloes in the yard attached with her residence, there was darkness and she was unable to see anybody. But, after providing fodder to the buffaloes, while she was going inside the house, the accused, Jayendra @ Somsinh, who was standing there with one kerba, caught hold of her 'Chotla' and started saying that she and her husband were making quarrels and raising disputes for the road way nearby her house and as a result thereof, his bad image is created. Thereafter, he over-powered her and shut her mouth with a towel and started saying that he was not going to leave her alive. Thereafter, he poured kerosene on the chest, on the waist and on the legs of the deceased, and thereafter, lit the match stick and thrown over her, and hence, she started burning and in the meantime the accused went away through the backside of the house. When, she removed towel from her mouth and started shouting. At that time, elder brother of her husband, Girvatsinh Rajusinh and Chandansinh Dalpatsinh had come and attempts were made to save hear. Thereafter, she was taken to hospital and treatment was going on and at that time the complaint was filed with Police Sub Inspector, Khanpur, on 07.10.2006 on 11:30 p.m., in Civil Hospital, Godhra.

(2.) The aforesaid complaint was investigated by the police and, in the meant time, victim succumbed to the burn injuries and expired. The post mortem was under taken and upon completion of the investigation, charge-sheet was filed by the police and the case was, thereafter, committed to the Sessions Court being Sessions Case No.203/2006. Since the guilt was not pleaded by the accused, the trial had taken place. The prosecution in order to prove the guilt of the accused examined 15 witnesses, the details of whom are given by the learned Sessions Judge at Paragraph-3 of the judgment. Prosecution also produced documentary evidence of 27 documents, the details of which are given by the learned Sessions Judge at Paragraph-4. Thereafter, he recorded the statement of the accused under Section-313 of the Code of Criminal Procedure wherein the accused denied the evidence against him and further stated that because of the dispute of the land, he has been falsely implicated and a false case is filed against him and that he is innocent. The learned Sessions Judge, after hearing the prosecution as well as defence convicted the accused and after hearing on aspect of sentence, imposed the sentence of life imprisonment with the fine of Rs.2,000/- and further two months Rigorous Imprisonment for default in payment of fine. It is under these circumstances, the present appeal before this Court.

(3.) Learned Counsel appearing for both the sides have taken us through the entire oral as well as documentary evidence. We have considered the judgment and the reasons recorded by the learned Sessions Judge. We have also heard the learned Counsel for the petitioner, Ms. Sadhna Sagar and learned APP, Ms. Moxa Thakkar, for the respondent-State.