RAMESHBHAI @ KHEMABHAI UDESINHRAVAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant ­ convict was inter alia sentenced to undergo imprisonment for life and was ordered to pay fine of Rs. 500/-, in default, to undergo simple imprisonment for thirty days for offence punishable under section 302 of Indian Penal Code by impugned judgement and order dated 30.06.2006 in Sessions Case No. 120 of 2005 by the Additional Sessions Judge, First Fast Track Court, Godhra, Panchmahal.

(2.) AS per the case of the prosecution, complaint was given by one Gitaben, who happens to be the daughter of the deceased and accused, that on 01.03.2005 at around 09.25 pm when she was at her house along with her mother-Rajuben (hereinafter referred to as 'the victim/the deceased') and younger brother Vijay having dinner, her father-accused came in an inebriated state and started quarreling with her mother. She has stated that her mother inquired with her father about the money which he had received by selling the old junk household items. Her father got angry on this and started abusing her mother very badly. She has stated that getting excited and angry by the verbal duel, her father grabbed a glass lamp filled with kerosene and threw it on the victim as a result of which the victim's clothes caught fire by the kerosene which spilled on her. The victim started screaming and shouting for help and the accused covered her with a blanket and extinguished the fire. It is the say of the complainant in the complaint that thereafter, her father asked the complainant and her brother not to go out and instead asked them to sleep.

(3.) AS against that the learned Additional Public Prosecutor, Mr. LR Pujari submitted that the prosecution has successfully proved the case against the appellant inasmuch as the dying declaration, complaint given by the deceased herself, the complaint lodged by daughter of victim, statement of other witnesses corroborate the medical evidence. He submitted that the burn injuries sustained by deceased were inflicted by the accused with the intention of causing bodily injury and the same was unattended to till the point of no return and finally the said injuries resulted in Septicemia causing death of the victim.