KHANT DHANJIBHAI GHUSABHAI SARVAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is preferred by the original accused against the judgement and order of conviction and sentence dated 15.01.2004 passed by the Additional Sessions Judge, Fast Track Court No. 3, Gondal in Sessions Case No. 89 of 1994 for the offences punishable under Sections 302 of Indian Penal Code. The original accused was ordered to undergo rigorous imprisonment for life and was ordered to pay fine of Rs. 2,000/ - in default to undergo simple imprisonment for six months for offence under Section 302 of Indian Penal Code.

(2.) The case of the prosecution is based upon a complaint given by the complainant - father of deceased Jayaben wherein it is stated that on 17.12.1993, the present appellant poured kerosene on Jayaben and set her ablaze with the help of a matchstick. It is the case of the prosecution that the appellant used to frequently quarrel with the deceased. It is the case of the prosecution that the deceased was meted out with physical and mental torture by the appellant. Pursuant to the alleged incident, the deceased was taken to hospital for treatment.

(3.) Mr. J.M. Buddhbhatti, learned Advocate appearing for the appellant has contended that the prosecution has failed to prove the case against the accused beyond reasonable doubt. He submitted that there is no eye witness to the present incident and that the case is based on circumstantial evidence. He submitted that in fact the appellant is wrongly roped in the present offence and that he himself had sustained burn injuries while trying to save the deceased.