BHIKHABHAI BHANGADBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Surat dated 19.5.2009 rendered in Sessions Case No.14 of 2008. Appellant was the original accused. He was charged with offences punishable under section 498A, 504 and 302 of the Indian Penal Code. By the impugned judgment, he was convicted for such offences. For the offence under section 302 he was sentenced to life imprisonment. For the offence under section 498A lesser sentence was imposed. For the offence under section 504 of the Indian Penal Code, no separate sentence was imposed. The accused has therefore challenged the said judgment by filing the present criminal appeal.

(2.) BRIEFLY stated, the prosecution case was that complainant Parvatiben Bhikhabhai lived at village Orna with her husband. Her husband used to ill -treat her and suspected her fidelity. On 9.9.07, when the husband and the wife were alone at home, accused Bhikhabhai picked up a fight with his wife and soon thereafter poured kerosene on her and then set her on fire, due to which she received serious burn injuries. Her parents were informed telephonically who came and shifted her to a hospital where on 4.10.2007, she died due to such burn injuries.

(3.) SOMABHAI Dhanjibhai Rathod, PW -8, Ex.26 was another neighbour. He also deposed that on 9.9.07, when he was at home at about 8 O' clock, he heard shouts of Parvatiben. The neighbours, therefore, rushed to her house to find that the door of the house was closed. They pushed opened the door and saw Parvatiben in flames. One Prakashbhai poured water on her. Upon being inquired, Parvatiben said that her husband poured kerosene on her and set her on fire. When they reached at the house of Parvatiben, only two people, Parvatiben and her husband Bhikhabhai were present. Bhikhabhai thereafter ran away. To this witness also, the only question of significance that the defence put was about Parvatiben having lost consciousness. He, however, could not say this with any certainty.