STATE OF GUJARAT Vs. RANJIT, VANUBHA HATHIYABHA MANEK

JUDGEMENT

(1.) THIS is an appeal by the appellant - State, assailing the judgment and order of the learned 4th Additional Sessions Judge, Jamkhambhaliya, Jamnagar, Dated : 30.07.2011, rendered in Sessions Case No. 22 of 2009, whereby, it convicted the opponent -original accused for the offence punishable under Section 498(A) of the IPC and sentenced to undergo simple imprisonment for two years and to pay fine of Rs.2000/ - and in default to undergo further simple imprisonment for three months as well as for the offence under Section 304(Part II) of the IPC and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.3,000/ - and in default to undergo further simple imprisonment for six months.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint came to be lodged by the deceased, Samjuben, before the PSI, Citi B Division Police Station, Jamnagar, on 28.11.2008, wherein, she stated that she married to the original accused -opponent, herein, before about eight years and is residing at the address mentioned in the complaint along with him and their children. In the complaint, the deceased, further, stated that her marriage life went properly for about one year, and thereafter, the opponent started pressurizing her to sell country made liquor at their residence and if, the deceased refused, the opponent used to beat her up. On account of such a behaviour on the part of the opponent, the deceased had gone back to the house of his brother, before about one month prior to the alleged offence. However, the opponent persuaded and brought her back. The deceased, then, went on to narrate the alleged offence stating that on the date of the alleged offence, while the deceased and the opponent were present at their home in the afternoon, the opponent started hurling abuses at her, saying that since your are refusing to sell liquor, his business of liquor is broke and that today I will set you ablaze. After saying so, the opponent closed the door of the house from inside and set the deceased ablaze after pouring kerosene on her. The deceased, then, opened the door and informed her sister -in -law, who is residing nearby, about the alleged offence and fell down. The deceased was then, firstly, taken to hospital at Dhwarka and from there to Jamnagar, where she breathed her last on 05.12.2008. On registration of the complaint, police carried out investigation into the alleged offence and on finding prima facie evidence, laid charge -sheet against the opponent before the Court of the Ld. JMFC, Dwarka, and then, it was committed before the Sessions Court, Jamnagar, for trial.