MANSUKHBHAI P KAVA. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal has been filed by the original accused calling in question the conviction and sentence recorded by the learned Additional Sessions Judge, Rajkot, in Sessions Case No.108/06. The appellant was charged with offences punishable under sections 302 and 498A of the Indian Penal Code. Learned Additional Sessions Judge, convicted the appellant for both the offences. For offence under section 302 of the Indian Penal Code, he was sentenced to undergo imprisonment for life and fine of Rs.7,000/- and for offence under section 498A of the Indian Pencal Code, he was ordered to undergo imprisonment for a period of one year and pay fine of Rs.3,000/-. We notice that in the operative portion of the judgment, the learned Judge did not provide for such sentence to run concurrently. In other words, the convict would have to undergo sentence consecutively.

(2.) BRIEFLY stated, the prosecution case is as under: Appellant, Mansukhbhai Popatbhai had strained relations with his wife Manjulaben. He used to doubt her and believe that she was having extra-marital relations. Previously they had separated, but later on reunited. As per the wife, the husband used to even sexually exploit their daughter. When objected by her, he would beat her up. On 20 th May 2006, at about 11 O'clock in the morning, the accused poured petrol on his wife at Kevdawadi main road, near Devbhoomi Sankul Apartment, Rajkot. He then set her on fire causing serious burn injuries. It appears that the accused had himself desired to end his own life as well. In the same incident, he also lit himself after pouring petrol and received burn injuries. Both the injured persons were brought to the Civil Hospital, Rajkot in an ambulance where his wife after a brief treatment died on 24 th May 2006.

(3.) LEARNED Additional Sessions Judge, Rajkot framed charge at Ex.11 alleging, inter alia, that the accused had on 20 th May 2006, poured petrol on his wife and set her on fire causing her death. The charges also included allegation of ill-treatment of the wife by the husband. The appellant denied the charges.