GANDHABHAI GAFURBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant convict, Gandabhai @ Gafurbhai Ganeshbhai Rabari, who has been convicted for the offence punishable u/s.302 of the Indian Penal Code (for short, "the IPC") as also Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Atrocities Act") by the learned Additional Sessions Judge, Ahmedabad, vide judgment and order dated 10.03.2006 passed in Atrocity Case No.03 of 2005. Upon conviction of the appellant for the above charges, he was sentenced for life for both the offences in addition to fine of Rs.5,000/. Both the sentences were ordered to run concurrently with a direction to setoff the period of sentence already undergone before conviction.

(2.) THE incident is said to have occurred on 21.11.2003 at about 07.30 pm. It was alleged that the victimdeceased, who was a labourer and was married to PW7 and had two children out of the said wedlock, was not residing with her family but, was residing with the appellantaccused. The appellant picked up a quarrel with the deceased on the ground that after doing labour work she had returned home as late as 07.30 pm. Enraged on this issue, it was alleged that the appellant sprinkled kerosene on the deceased and thereafter, threw a lighted lamp on her and since the deceased was wearing a polyester saari at the relevant time, it caught fire in no time.

(3.) PW 5 Prithvirajsinh (Exhibit14) is the Doctor before whom the deceased was first brought by an unknown lady on 21.11.2003 at around 08.30 pm and as per his deposition, the deceased, while she was alive and oriented, had stated the history, which he had reduced to writing. He has deposed that the deceased had informed him that she had caught fire on account of an explosion of the kerosene stove and that she was wearing a polyester saari and nobody else was present when the incident occurred and also that she was helped to the Hospital by her neighbours. She had also stated that she was married but, was not residing with her family since about eight years but, was residing with another companion. On examination, the Doctor could smell the kerosene and found 59% second degree burns. The Doctor, however, was not certain as to whether the burn injuries caused on the person of the deceased were accidental or homicidal.