AVATARSINH LAXMANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has been found guilty of commission of offence under Sections 498 (A) and 302 of Indian Penal Code and has been awarded simple imprisonment for three years & ordered to pay fine of Rs. 500/- in default, to undergo additional imprisonment for thirty days u/s 498(A) and life imprisonment and fine of Rs. 500/- in default, to undergo additional imprisonment for thirty days u/s 302 by learned 4th District Judge & Additional Sessions Judge, Vyara vide judgement and order dated 24.04.2009 passed in Sessions Case No. 53 of 2008.

(2.) It is the case of the prosecution in short that on 07.05.2008, at about 0600 hours, when the deceased questioned the relationship of the appellant with some other lady and asked him as to why he came home after three months, the appellant poured kerosene on her and set her on fire. She was thereafter taken to hospital but she succumbed to burn injuries on 31.05.2008.

(3.) Mr. Harnish Darji, learned advocate appearing for the appellant submitted that the prosecution failed to prove the case against the appellant beyond reasonable doubt. He submitted that therefore there is no reason to believe that the appellant had committed the alleged offence. Mr. Darji submitted that the alleged offence occurred on 07.05.2008 whereas the deceased had expired on 31.05.2008 i.e. after about 24 days of the alleged incident. He submitted that in fact the deceased had died due to septicemia and considering around 50% burns sustained by the deceased, it cannot be said that the burns proved to be fatal to the deceased. He submitted that therefore the appellant deserves to be acquitted of the offence charged against him.