JAYANTIBHAI DALSUKHBHAI @ ALUBHAI NAYAKA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal, whereby the original accused ­ appellant, herein, has challenged the judgment and order of the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.4, Vadodara, rendered in Sessions Case No. 60 of 2006, whereby the learned Additional Sessions Judge was pleased to convict the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life with fine of Rs.500/- and in case of default to undergo simple imprisonment for further two months.

(2.) THE brief facts leading to the filing of the present appeal are as under;

(3.) SHANKARBHAI Mohanbhai Nayaka, P.W.-1, who was examined at Exhibit-8, is the immediate neighbour of the deceased. In his examination-in- chief, this witness stated that on the date of the alleged incident, while he along with his wife was taking lunch, he heard the shouts that the house was burning, and hence, he came out and went to the house of the deceased. There he found the deceased burning and there was no one in her house. This witness, then, with the help of one Mahesh and Bachubhai doused the fire.