RAMJIBHAI CHITHARBHAI BHALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant accused has been found guilty of commission of offence under Section 304 (Part II) of Indian Penal Code and has been awarded rigorous imprisonment for ten years and fine of Rs. 5,000/ -, in default, simple imprisonment for two years & six months by learned Additional Sessions Judge & Presiding Officer, Fast Track Court No. 2, Bhavnagar at Mahuva vide judgement and order dated 15.01.2009 passed in Sessions Case No. 55 of 2008. He has, however, been acquitted for offence under sections 498(A) & 504 of Indian Penal Code.

(2.) IT is the case of the prosecution that on 06.12.2007, at about 08.00 pm when Sonaben (hereinafter referred to as the deceased ) was cooking food, the appellant came and picked up a quarrel with her asking her as to why she gave stale food to the children and did not prepare fresh food. It is further the case of the prosecution that in a fit of rage, he poured kerosene on the deceased and set her on fire. The deceased started shouting for help and therefore the father, sister and brother of the deceased came running to her house. The appellant as well as the family members of the deceased took her to hospital. The deceased succumbed to the injuries sustained by her during treatment.

(3.) MR . Karan U. Vyas, learned advocate appearing for Mr. U.I. Vyas, learned advocate for the appellant submitted that the prosecution failed to prove the case against the appellant beyond reasonable doubt. Mr. Vyas submitted that the trial court has not appreciated that though the deceased sustained 90% burns, she was able to give complaint as well as her statement before the Executive Magistrate. He submitted that the conviction based on only dying declaration is illegal and is required to be quashed and set aside.