SOMABHAI GANESHBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this Appeal, the appellant -original accused seeks to challenge the judgment and order dated 25th January 2007 passed by the learned Sessions Judge, Vadodara in Sessions Case No.249 of 2005 and thereby convicting the accused -appellant for the offence punishable under Section 302 of IPC and sentencing the accused -appellant to undergo rigorous imprisonment for life with a fine of Rs.5,000=00. In default of payment of fine, to undergo simple imprisonment for a period of two years.

(2.) Deceased Sudhaben was married to the accused past about five years from the date of incident. After marriage, she started residing at her matrimonial home with her father -in -law and mother -in - law. A baby girl named 'Divya' was born in the wedlock of the deceased and the accused. At the time of the incident baby Divya was aged about one and a half years. On 13th May 2005 sister -in - law of the deceased named 'Maniben' came from Vadodara at the house of the deceased. Deceased prepared food for her sister -in -law and at that point of time her father -in -law, mother -in - law and her niece 'Shital' were present in the house. At that point of time the accused returned home from work and on seeing the accused the deceased jokingly told her niece Shital that she has not prepared food for her uncle i.e. the accused. The accused felt bad and picked up a quarrel with the deceased and also assaulted the deceased. Deceased thereafter went off to sleep being disheartened with what had happened in the evening. The deceased was in a sleeping position but she was awake and at around 8 O'clock in the night there was power failure. At that point of time, the mother -in -law of the deceased named 'Ujamben' came in the house and threw kerosene which was in a 'khadiya' (a container). The deceased got drenched with kerosene and at that time the accused lit a matchstick and set the deceased on fire. The deceased started burning and shouted for help. No sooner had deceased started shouting than the accused i.e. her husband and her mother -in -law tried to extinguish the fire and in the process the accused and the mother -in - law of the deceased also sustained burn injuries.

(3.) It is the case of the prosecution that the motive behind the commission of crime was illicit relationship of the accused with the sister -in -law of the deceased named Dakshaben Sureshbhai. Deceased had seen the accused sleeping with Dakshaben two to three times in the past and the deceased had asked the accused not to maintain any illicit relations with Daksha but the accused did not pay heed to the say of the deceased and continued to keep illicit relationship with Dakshaben. The accused used to frequently quarrel with the deceased because of illicit relationship of the accused with Dakshaben. Inspite of the deceased requesting the accused to give up illicit relations, the accused continued and as a result thereof the mother -in -law of the deceased and her husband, the accused, set her on fire by pouring kerosene. This is the sum and substance of the prosecution case.