DINESH @ RINKU DHANRAJSING PARIHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, under section 374 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 29.02.2008 passed by the Additional Sessions Judge, Fast Track Court No. 4, Ahmedabad in Sessions Case No. 59 of 2007 whereby the accused -appellant has been convicted of the offence under section 302 of Indian Penal Code and is inter alia sentenced to life imprisonment and is ordered to pay fine of Rs. 10,000/ -, in default, to undergo simple imprisonment for six months.

(2.) THE gist of the prosecution case is that the accused was residing with one Vinuben (hereinafter referred to as 'the deceased') and her children in Magan Waghela's chali, Bhilwada, Amraiwadi. The husband of the deceased had expired and the deceased was being kept by the accused. On 11.02.2006, at around 08.00 pm the accused scolded and abused the deceased for not preparing food and in a fit of rage poured kerosene on her and set her on fire. It is further the prosecution case that the deceased was severely injured and was immediately taken to the hospital where she filed a complaint against the accused. She succumbed to her injuries during treatment.

(3.) TO sustain its case, the prosecution adduced following oral evidence :