KISHORBHA8I BHANABHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellant - accused Kishorbhai Bhanabhai Chavda, presently aged 33, has filed this Appeal, through Jail, and challenged his order of conviction and sentence dated 27.1.1997, passed by the learned Sessions Judge, Valsad at Navsari, in Sessions case No.31 of 1996, whereby the learned Judge found the appellant-accused guilty for committing murder of his wife Ushaben on 7.10.1995 at 11.00 a.m. in their own residence at Dhobi Talav, Valsad by pouring kerosene on her and then setting her ablaze and convicted for the offence u/s.302 I.P.Code and sentenced him to suffer Life Imprisonment and to pay fine of Rs.500.00 i/d to under-go one month S.I.

(2.) It is the case of the prosecution that deceased complainant Ushaben was staying with her husband present appellant - accused and her mother - in - law together in one house. Her husband was doing the labour work of Sofa Repairing. Prior to the date of incident i.e. on 7.10.1995 they got married before 2-1/2 years and out of their wedlock they had minor son Kiran, aged 1-1/2 years. It is further the case of the prosecution that since last 2 years of the incident the accused was quite often quarreling with deceased Ushaben in a drunken condition and telling her to give divorce. Because of that twice or thrice Ushaben had gone to her parents house and at that time also her husband was following her and abusing about her character and looking at her with suspicious eyes and also beating her. On the date of incident i.e. on 7.10.1995 Ushaben was in her house. At about 10.30 or 11.00 a.m. the accused came from somewhere and started quarreling with her and gave her serious beating by saying that why she was not giving him divorce and thereafter he took the kerosene tin and poured at her and then set her ablaze. Thereupon, Ushaben raised shout 'save' 'save'. On hearing her shouts her neighbours Kamuben, Jiviben, Jayantilal, brother in law of Kishor and accused, had come there running and sprinkled water on her and saved her and immediately removed her to the Municipal Hospital in rickshaw. Prior to this incident also the accused had given poison to Ushaben in the food and also attempted to forcibly consumed poisonous medicine. The police recorded F.I.R. of Ushaben at 6.00 p.m. on 7.10.1995 against the appellant-accused for the offence u/s.307 I.P.Code. Ushaben was given treatment in the Hospital, but unfortunately succumbed to her injury on 10.10.1995 at 6.00 pm. in the hospital. Therefore, offence u/s.302 I.P.Code was added. After completing the investigation the Police filed charge-sheet against the accused for the offence u/s.302 I.P.Code. The learned Magistrate committed the case to the Court of Sessions against the accused. To prove its case the prosecution has relied upon the evidence of several witnesses as well as the documentary evidence in the form of Dying Declaration made by deceased Ushaben, Panchnama of scene of offence, Inquest Panchnama, etc. In the instant case the accused had come out with a specific defence in his statement u/s.313 Cr.P.C. and stated that he had good relations with his wife. There was a love marriage between him and his wife and because of that his mother-in-law and brother-in-law Govind Premji and sister-in-law Kankuben were hostile to him. At the time of incident he had gone to market. When he came to his house he found his wife burnt. Thereupon, he called Jayantibhai and, along with Jayantibhai, he had taken his wife to the Hospital. His wife was getting fit and falling down anywhere. Her treatment was going-on in Nair Hospital at Mumbai. Thus, he has not committed any offence.

(3.) The learned Sessions Judge, by her typed Judgment, running into 18 pages, came to the conclusion that the prosecution has proved its case against the accused beyond reasonable doubt for committing murder of his wife deceased Ushaben and, therefore, convicted him for the offence u/s.302 I.P.Code and sentenced him, as stated earlier, by discarding the defence of the accused. This is under challenge in this Appeal.