NIYAZHUSEN FATEMIYA MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants original accused were inter alia sentenced to undergo rigorous imprisonment for life and fine of Rs. 25,000/- in default rigorous imprisonment for two years for offence punishable under section 302 r/w 114 of Indian Penal Code by impugned judgement and order dated 20.04.2010 in Sessions Case No. 68 of 2009 by the Sessions Judge, Kheda, Mu. Nadiad.

(2.) Accused no. 1 is the brother-in-law of the deceased and accused no. 2 is the sister-in-law of deceased. As per the prosecution case, the deceased in her complaint stated that the houses of appellants and the deceased were adjacent to each other and that on 03.05.2009 the appellant no. 2 and the deceased entered into a quarrel with regard to a goat wrongly entering the field of appellant no. 2 which was later on pacified by the husband of deceased. It is the case of the prosecution that on 04.05.2009, when the deceased's husband had gone for labour work, at about 09.00 am the appellants came with kerosene and appellant no. 1 allegedly caught held the deceased and appellant no. 2 poured kerosene and set the deceased ablaze. The deceased raised shouts and one Amin Husen, who happens to be the neighbour of deceased came to her rescue. She was taken to Nadiad hospital and thereafter to Civil Hospital, Ahmedabad where she succumbed to the injuries on 10.05.2009 during the course of treatment.

(3.) Mr. Hriday Buch, learned advocate appearing for the appellants submitted that the prosecution has failed to prove the case against the appellants beyond reasonable doubt. He submitted that there are serious discrepancies in the evidence of witnesses and therefore the appellants deserve to be granted benefit of doubt.