GANESH GOVINDBHAI ROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal arises from the judgment and order of the learned Addl. Sessions Judge & Presiding Officer, Fast Track Court No. 5, Vadodara dated 17th September 2010 rendered in Sessions Case No. 78 of 2009, holding the appellant guilty for the offences punishable under Sections 302 IPC by directing him to undergo life imprisonment and pay fine of Rs. 2,000/=; in default, to undergo two months rigorous imprisonment. Brief facts necessary for appreciation of the appeal are as follow :

(2.) ON 15th April 2009, when the victim came back from her work place at Karjan, her husband was annoyed for her returning late at home and he started abusing her. Later on, she was asked to prepare food and on completing cooking, she called appellantGanesh.

(3.) HE chose not to join for dinner, but instead, in his anger, brought a plastic bottle full with kerosene and poured the same over the victim. He burnt her ablaze by a piece of paper which was ignited from stove. She made hue and cry and though the persons in the neighbourhood tried to save her and removed her to the hospital, however, during the course of treatment, she succumbed to burn injuries. This being a mediolegal case, the complaint was recorded at the hospital. It was the deceased herself who gave the complaint and her dying declaration also was recorded by the Executive Magistrate.