SURESH NARMADASHANKAR PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellantaccused has challenged the judgment and order of conviction dated 31.1.2006 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.2, Ahmedabad City, in Sessions Case No.105 of 2004, whereby the learned Sessions Judge convicted and sentenced the appellantaccused to rigorous life imprisonment for the offence punishable under Section 302 of the Indian Penal Code. The learned Sessions Judge further convicted and sentenced the appellantaccused to rigorous imprisonment for 3 years for the offence punishable under Section 498A of the Indian Penal Code. Both the sentences were ordered to run concurrently. The learned Judge also imposed fine of Rs.5,000/ under both the above sections and in default of nonpayment of fine the appellantaccused was ordered to undergo rigorous imprisonment of further 5 months.

(2.) THE short facts of the prosecution case are that, seven years prior to 9.7.2002 marriage of accused was solemnized with deceased Rupaben and since then he was residing with her. The accused used to quarrel with her by demanding money and also used to beat her. The accused also used to subject her to mental and physical torture. On 9.7.2002, at about 2:30 or 3:00 p.m., while the deceased Rupaben was sleeping in her husband's house the accused, with an intention to cause her death, poured kerosene upon her body and threw a burning matchstick upon her and thereby burnt her, caused hurts, killed her and thereby committed her murder. Thus, the accused committed an offence punishable under Sections 302 and 498A of the Indian Penal Code.

(3.) THEREAFTER , charge at Exhibit 01 came to be framed and explained to the accused, to which the accused pleaded 'not guilty' and claimed to be tried.