BALARAMPURI GURUSHRI RATANPURI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant, original accused, has challenged the judgment and order passed by the learned Additional Sessions Judge, Junagadh, in Sessions Case No.76/2005 dated 30.11.2006, whereby, the appellant herein, original accused, has been convicted for the offence punishable under Section 302 and 452 of the Indian Penal Code (for short, "the IPC").

(2.) THE short facts of this case are that a complaint was filed by the complainant - Janumian Jahangir Mian Kadri, inter alia alleging that on 28.05.2005 the complainant and his family members went to their neighbour's house for attending mouludh ceremony. At about 12:30 am. they came back to their home. It is the say of the complainant that at about 2:30 am. as some one has poured some liquid, they got up and saw that one Balrampuri Ratanpari, appellant herein, has thrown ignited match stick on them. Thereafter, the complainant make shouts and due to that appellant ran away from that place. The complainant saw that the cloths of his wife Januben were burning and therefore, he tried to extinguish the fire. In course of extinguishing the fire, the hands of the complainant was also burnt. Thereafter, the complainant and his wife were taken to the hospital, where the wife of the complainant died. In this connection a complaint was lodged by the complainant.

(3.) LEARNED advocate for the appellant has submitted that the trial Court has passed the impugned judgment and order without properly appreciating the evidence on record. He further contended that the trial Court has committed error in convicted the present appellant under section 302 of the IPC since the deceased had died on account of improper treatment.