TEJUMALJI JETHUJI JADEJA 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 06.07.2007 passed by the Additional Sessions Judge, Fast Track Court, Anjar-Kutch in Sessions Case No. 31 of 2005 whereby the accused-appellant has been convicted of the offence under section 302 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 one year.

(2.) The gist of the prosecution case is that the deceased was residing in Khambra village along with her husband and sons. On 19.03.2005, at around 10.00 am while the deceased was washing clothes, the accused-husband came there and demanded money from her for the purpose of gambling. When the deceased refused to give him money by saying that she didnt have any, the accused-appellant got irate and in a fit of anger poured kerosene over her. The deceased started shouting for help and the accused immediately set her on fire with a matchstick. On hearing such screams, the sons came out of the house and tried to extinguish the fire. She was then taken to hospital for treatment. However, she succumbed to the burn injuries the next date.

(3.) To sustain its case, the prosecution adduced following oral evidence :