BHAGWANBHAI BHIKHABHAI DAYMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has been found guilty of commission of offence under Sections 498 (A ) and 302 of Indian Penal Code and has been awarded imprisonment for three years & fine of Rs. 500/ -, in default, additional imprisonment for two months u/s 498(A) and life imprisonment and fine of Rs. 500/ -, in default, additional imprisonment for two months u/s 302 by learned Additional Sessions Judge, Court No. 14, Ahmedabad City vide judgement and order dated 22.01.2010 passed in Sessions Case No. 238 of 2009.

(2.) IT is the case of the prosecution in short that on 22.08.2008, at about 10.00 am the appellant picked up a quarrel with the deceased as he doubted her character and beat her with a stick and thereafter poured kerosene on her and set her on fire. She was thereafter taken to L.G. Hospital where she succumbed to burn injuries after six days of treatment.

(3.) MR . Ashish Dagli, learned advocate appearing for the appellant submitted that the prosecution failed to prove the case against the appellant beyond reasonable doubt. He submitted that the son of the appellant and deceased has not supported the case of the prosecution and therefore the trial court has committed an error in convicting the appellant. He submitted that infact the appellant had tried to save the deceased He submitted that therefore there is no reason to believe that the appellant had committed the alleged offence.