JAYESH DINESH GOHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal under Sec. 374 of the Code of Criminal Procedure, 1973, is preferred by the accused against the judgment and order of conviction dtd. 17/5/2013 passed by learned 5th (Ad-hoc) Additional Sessions Judge, Surat, in Sessions Case No. 72 of 2009, whereby he has been convicted for the offence under Sec. 302 of the Indian Penal Code and directed to undergo sentence of life imprisonment and to pay fine of Rs.10,000.00 and, in default, to further undergo simple imprisonment for six months.

(2.) The facts, as emerge from record, are that the complaint came to be filed by the deceased Neelamben stating that her marriage was solemnized with the appellant before one and a half year and, after marriage for about four months, they stayed together at matrimonial home and, thereafter, she came at Surat along with her husband. It is further the case of the prosecution that the complainant and her husband were residing with her mother in a rented premises and husband was doing embroidery work. It is stated in the complaint that on 26/11/2008, at about 9 O' clock, accused came home and had a heated exchange of words with the owner of the house for leakage of water connection. It is also stated that he, thereafter, informed the complainant to change the house, however, the complainant refused to do so, therefore, the accused again got angry and as the complainant was residing with her mother most of the times, anger of the accused increased and he threatened her of her life. According to the prosecution, on 27/11/2008, in the morning at about 9 O' clock, husband of the complainant informed her to vacate the house as the husband was suspecting her character, he decided to shift his house. There is also averment in the complaint to the effect that, on the same day, after about 12 O' clock, accused suddenly got angry and poured kerosene upon the complainant and set her on fire and ran away. Said complaint was filed against present appellant as well as his mother and the same came to be recorded as C.R. No. 506 of 2008 in Varaccha Police Station.

(3.) Heard learned advocate Mr. Ashish Dagli for the appellant and learned APP, Mr. H.K. Patel for the respondent-State at length. Perused the material and the evidence on record and the decisions cited at bar.