SANJAY KISHORBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellantoriginal accused No.4 has challenged the judgment and order dated 31.07.2009, passed by the Additional Sessions Judge, Fast Track Court No.2, Ahmedabad, in Sessions Case No.353 of 2008, whereby the original accused Nos. 1 to 3 have been acquitted of all the charges levelled against them and the present appellant has been convicted for the offence punishable under Sections 302 and 452 of the Indian Penal Code (for short "the IP Code"). For conviction under Section 302 the IP Code, the appellant has been sentenced to undergo life imprisonment and fine of Rs.1,000/, in default of payment of fine, he shall undergo further simple imprisonment for six months. For conviction under Section 452 of the IP Code, the appellant has been sentenced to undergo imprisonment for two years and fine of Rs.2,000/, in default of payment of fine, he shall undergo further imprisonment for three months. The appellant has been acquitted for the offence punishable under Section 324 of the IP Code. All the sentences were ordered to run concurrently and the appellant has been given the benefit of set off.

(2.) THE brief facts of the prosecution as emerged during the trial is that the appellant had love affair with one Chayya, daughter of the complainantKusumben and he wanted to marry her but Chayya was not willing and she was engaged with another boy in her community and therefore, the appellant and other acquitted accused person were pressurizing and pestering Chayya to marry the appellant since 15 days prior to the incident. On 16.02.2008 at about 10:30 am., when the complainant and her daughterChayya were present in their house cooking meal, the appellant came with a plastic bootle filled with patrol like inflammable substance in a black bag and sprinkled the inflammable substance on Chayya and put her ablaze by means of lighter. The inflammable substance also fell on the complainant and therefore, she also caught the flame. The neighbours came on hearing hubbub. Thereupon the appellant fled from the scene along with the acquitted accused persons. Chayya was shifted to the L.G. Hospital where she was admitted in burns ward and subsequently succumbed to the burn injuries. A complaint in respect of this incident was lodged by the complainantKusumben.

(3.) THE investigation was taken up and after usual investigation, chargesheet came to be filed against the appellant. The offences committed by the appellant was exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Ahmedabad under Section 209 of the Code, where it was registered as Sessions case No.353 of 2008. Charge vide Exhibit3 came to be framed against the appellant. He pleaded not guilty and claimed to be tried.