KANUBHAI @ TINO MANGALBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal is preferred by the original accused against the judgement and order of conviction and sentence dated 30.09.2008 passed by the Additional Sessions Judge, Nadiad in Sessions Case No. 42 of 2008 for the offences punishable under sections 302, 498(A), 307 of Indian Penal Code and section 31 of Domestic Violence Act. The original accused was ordered to undergo life imprisonment & was ordered to pay fine of Rs. 1,000/ - in default to undergo simple imprisonment for three months for offence under section 302 of Indian Penal Code. No separate sentence was awarded under the other sections.

(2.) THE case of the prosecution is based upon a complaint given by the complainant father of deceased Gitaben wherein it is stated that on 04.01.2008, the present appellant poured kerosene on Gitaben from a stove 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 with regard to selling her ornaments which was objected to by the deceased. It is the case of the prosecution that the deceased was meted out with physical and mental torture by the appellant. The deceased was taken to hospital for treatment.

(3.) MS . Chetna Joshi, learned advocate appearing for the appellant submitted that the prosecution failed to prove the case against the appellant beyond reasonable doubt. She submitted that the witnesses who have been examined are related to the deceased.