RAJESHBHAI BACHERBHAI KAMLIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant, who was original accused in Sessions Case No. 69 of 2009, has challenged, by way of this appeal, the judgment and order of the learned Additional Sessions Judge, Fast Track Court, Veraval, Camp at Una, Dated : 16.03.2011, rendered in the aforesaid Sessions Case, convicting him under Section 302 of the IPC and sentencing to undergo imprisonment for life and to pay fine of Rs.4,000/- and in default to undergo further simple imprisonment for six months.

(2.) The brief facts of the case of the prosecution, leading to the filing of the present appeal reads as under;

(3.) A complaint came to be lodged by the deceased, Daxaben, before PI, Una Police Station, Camp at Jungarh, while she was undergoing treatment in Burns Ward at Civil Hospital, Junagarh, wherein, she stated that she is residing at the address given in the complaint along with her in-laws and her husband, i.e. the present appellant, and their children. The deceased, then, went on to narrate the alleged offence stating that today, in the morning at about 07:00 a.m., her in-laws had gone to farm and while she was preparing food at about 08:00 a.m., the appellant came there and asked her to go to her parental home and when the deceased refused, the appellant got enraged. He, then, brought a tin containing kerosene and poured on the deceased and set her ablaze, and hence, the deceased started shouting. She was, then, doused by the neighbours and was shifted to the hospital by her in-laws, whereas, the appellant had fled the place of offence. On registration of the complaint, police carried out investigation into the alleged offence and on finding prima facie evidence, laid charge-sheet against the appellant before the Court of the Ld. JMFC, Una. However, since, the case was exclusively triable by a Court of Sessions, same was transferred to the Sessions Court, Una.