VINODBHAI BABUBHAI DABHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this appeal under section 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 8.8.2006 passed by the learned Presiding Officer, Addl. Sessions Judge, 6th Fast Track Court, Gondal in Sessions Case No. 20/2005, whereby, the learned trial Judge has convicted the appellant for the offence under section 302 of IPC and sentenced to undergo R/I for life, with fine of Rs. 25000/-, in default, to undergo further R/I for one month. If the amount of fine is deposited by the appellant, Rs. 20,000/- be given to the mother of deceased by way of compensation under section 357 of Code of Criminal Procedure.

(2.) THE case of the prosecution is that on 7.12.2004, at about 9.00 O'clock, the appellant has murdered his wife because she did not give the account of money received from labour work, he set her ablaze by pouring keresone on her and set her on fire.

(3.) MR . J.K. Shah learned APP, however, submitted that the trial Court has given cogent and convincing reasons for sustaining the conviction under section. 302 of IPC and this Court may not interfere in this appeal. Learned APP Mr. J.K. Shah contended that in view of dying declaration Ex. 23 and complaint Ex. 31, the Deputy Mamalatdar has justified the dying declaration in his evidence. Learned APP Mr. J.K. Shah has relied on the decision of the Hon'ble Supreme Court in the case of Paniben (Smt.) vs. State of Gujarat, reported in (1992)2 SCC 474, wherein, in para-18, it is observed as under: