UDESINH @ TINO VANRAJSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant - original accused, has challenged the judgement and order dated 24.9.2009 passed by learned Additional Sessions Judge, Fast Track Court, Kalol, in Sessions Case No. 1 of 2009 whereby the appellant was convicted under Sections 302 and 498A of the Indian Penal Code. The original accused was sentenced to life imprisonment for the offence punishable under Section 302 of the Indian Penal Code and to pay fine of Rs. 500/ - and in default thereof, to further undergo rigorous imprisonment for six months. For offence under Section 498A of the Indian Penal Code, the accused was order to suffer rigorous imprisonment for one year and to pay fine of Rs. 250/ - and in default thereof, to undergo further rigorous imprisonment for one month.

(2.) THE case of the prosecution is that on the day of the incident, i.e. on 18.3.2008 at about 7.30 p.m. deceased Kamlaben and Bhagwatiben, daughter of her uncle, were cooking food on wick primus in the kitchen. At that time, deceased Kamlaben scolded the accused by saying that he had illicit relation with other woman. The accused got angry on Kamlaben and he kicked the primus due to which fire broke out and the clothes worn by Kamlaben caught fire. As the clothes were burnt, Kamlaben received burn injuries on her body. She was rushed to the hospital for treatment. During her treatment, on 31.8.2008 she succumbed to burn injuries. Deceased Kamlaben also stated that the accused had harassed her mentally and physically.

(3.) CHARGE was framed against the accused. It was explained and read over to him. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution has led evidence.