MAJIDMIYAN DILBASMIYAN MALEK Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) The appellant original accused was inter alia sentenced to undergo life imprisonment and was directed to pay fine of Rs. 5,000/-, in default, to undergo simple imprisonment for one year for offence punishable under section 302 of Indian Penal Code by impugned judgement and order dated 30.10.2004 in Sessions Case No. 267 of 2003 by the Additional Sessions Judge, Fast Track Court, Nadiad.

(2.) At the outset, it needs to be stated that the appellant, during the pendency of this appeal, was released on temporary bail by this Court for 15 days vide order dated 28.12.2005 passed in Criminal Misc. Application No. 15080 of 2005 on the ground of his own treatment and was required to surrender himself before the jail authorities on or before 22.01.2006 but he misused the liberty granted in his favour by this court and is absconding till date. However, in view of the order dated 17.02.2009 passed by a Co-ordinate Bench of this Court in Criminal Appeal No. 918 of 2001, this appeal being filed by absconding appellant accused is proceeded with and decided on merits.

(3.) The brief matrix of the prosecution case as disclosed during the trial is that the appellant happens to be the brother-in-law of the deceased Shahista Banu and that on 18.08.2003, at around 1600 hours while deceased Shahista Banu was at her maternal home in Memdabad, the appellant with a view to murder her, poured kerosene on her and set her ablaze, thereby committing offence punishable under section 302 of Indian Penal Code.