BHUPATBHAI DHIRUBHAI CHIHLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal, appellant has requested to quash and set aside the judgment and order dtd. 5/1/2022 passed in Sessions Case No. 18 of 2017 by learned 3rd Additional Sessions Judge, Dhrangadhra, Dist: Surendranagar and acquit and discharge him.

(2.) Heard learned advocate for the appellant.

(3.) It was submitted by learned advocate for the appellant that the impugned judgment and order passed by the trial court is completely erroneous and against the documents produced on record. It was further submitted that material evidence is not considered in a proper and true spirit by the trial court. Referring the inquest panchnama Ex. 19 column 12, it is submitted the deceased caught fire by preparing tea and there was a high flame in the primus and burns injuries were caused to her. While referring deposition of PW No. 1-Ushaben Girishbhai Parmar (Exh. 18); PW-13 Bhikhabhai Atmaram Prajapati Exh. 41-Executive Magistrate, in whose presence, the said inquest panchnama was prepared and produced at Exh. 43. It was submitted that all of them in their cross examination have admitted the said details of the incident mentioned in column no. 12 of the said inquest panchnama. That, the deceased was died while getting burns injuries at the time of preparing the tea. It was further submitted that as per the prosecution, the charge was framed under Sec. 306 of IPC, however, without altering the charge, appellant was also convicted under Sec. 498A of the IPC. It was further submitted that after delay of 3 days on 18/1/2017 at about 15.30 hours, FIR Ex. 28 was registered before the Dhrangadhra Taluka Police Station at the instance of Sitaben Shankarbhai Nakiya-mother of the deceased for the offence punishable under Sec. 306 of IPC as alleged incident was taken place on 15/1/2017.