HANIF YAKUBBHAI HERJA PINJARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of three convicted accused persons of the offence punishable under Sections 302, 498 -A read with Section114 of the Indian Penal Code and is directed against an order of conviction and sentence dated 29th July, 2009 passed by the learned Additional Sessions Judge, 8th Fast Track Court, Gondal in Sessions Case No.7/2008.

(2.) BY the aforesaid order, the learned Additional Sessions Judge found the appellant no.1 Hanif Yakubbhai Hareja Pinjara guilty of the offence punishable under Sections 302, 498 -A read with Section 114 of the Indian Penal Code and consequently sentenced him to suffer life imprisonment and a fine of Rs.2000/ - for the offence of murder punishable under Section302 of the Indian Penal Code. In default of payment of fine, the appellant no.1 was directed to undergo further rigorous imprisonment for one year. The learned Additional Sessions Judge also found the appellant No.1 guilty of the offence punishable under Section 498 -A of the Indian Penal Code and consequently sentenced him to suffer rigorous imprisonment for three years and a fine of Rs.1,000/ -. In default of payment of fine, the appellant no.1 was directed to undergo further rigorous imprisonment for six months. So far as the appellant no.2 Zubedaben Yakubbhai Herja and appellant no.3 Hasinaben Asharaf Modi are concerned, they were acquitted by the learned Additional Sessions Judge of the offence of murder, but at the same time have been held guilty of the offence punishable under Section498 -A read with Section114 of the Indian Penal Code. The learned Additional Sessions Judge sentenced the appellants Nos.2 and 3 to suffer rigorous imprisonment for one year with fine of Rs.500/ - each. In default of payment of fine, the appellant nos.2 and 3 were directed to undergo further rigorous imprisonment for one month.

(3.) ON the strength of the complaint lodged by the deceased herself, the investigation had commenced. The inquest panchnama of the dead body of the deceased was drawn. The dead body of the deceased was sent to the Government Hospital for postmortem. The Postmortem Report Exh.24 noted that the cause of death was shock due to extensive burns all over the body. The panchnama of the place of occurrence Exh.42 was drawn in presence of the panch witnesses. The map of the exact place of occurrence Exh.19 was drawn. The clothes worn by the deceased at the time of the incident were collected by drawing a panchnama Exh.36. The Serological Test Report Exh.109 noted that the residual petroleum hydrocarbon (kerosene) was detected in the burnt pieces of cloth. The serological test report also noted presence of the residual petroleum hydrocarbons on the shirt and pant worn by the accused at the time of the incident. The statements of various witnesses were recorded.