DHIRAJLAL @ SHANKARLAL JETHMAL THAKKAR 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 21.11.2006 passed by the Additional Sessions Judge, Fast Track Court No. 2, Kutch-Bhuj in Sessions Case No. 11 of 2003 whereby the accused-appellant has been convicted of the offence under sections 302 & 498(A) of Indian Penal Code and is inter alia sentenced to life imprisonment and is ordered to pay fine of Rs. 5000/-, in default, to undergo rigorous imprisonment for two years for offence under section 302 of Indian Penal Code and sentenced to rigorous imprisonment for three years and is ordered to pay fine of Rs. 2000/-, in default, rigorous imprisonment for six months for offence under section 498(A) of Indian Penal Code.

(2.) The gist of the prosecution case is that on 11.08.2002, at around 0020 hours as the deceased had demanded money from the accused-appellant for meeting with the household expenses, he got infuriated and started physically assaulting her. In a fit of rage, he poured kerosene over her and set her on fire. It is the prosecution case that the accused-appellant used to physically and mentally torture the deceased and used to force her to bring money from her parental house. She was taken to hospital for treatment where she succumbed to the burn injuries.

(3.) Mr. P.K. Shukla, learned advocate appearing for the accused-appellant submitted that there are variations in the dying declarations given by the deceased before the doctor and the Executive Magistrate. He submitted that in the history given by the deceased before the doctor she has stated that she sustained burn injuries accidentally. In the version before the magistrate, she has stated that the accused had set her ablaze. He submitted that the dying declaration could not have been relied upon by the trial court in view of various infirmities in the dying declaration and therefore could not have been made the basis of conviction.