ANANDBHAI NARSHIBHAI VASAFODA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IT is reported that the appellant herein is absconding. However, in view of the decision of this Court in Criminal Appal No.918 of 2001 decided on 17.02.2009, we are taking up this appeal for final hearing.

(2.) THE appellant has challenged the judgment and order dated 10.03.2003, passed by the Additional Sessions Judge, Fast Track Court No.3, Surat, in Sessions Case No.145 of 2001, whereby he was convicted for the offence punishable under Section 302 of the Indian Penal Code (for short "the IPC") and sentenced to undergo imprisonment for life and fine of Rs.500/ -, indefault of payment of fine, the appellant shall undergo further simple imprisonment for three months. The appellant was acquitted for the offence punishable under Section 504 of the IPC.

(3.) THE case of the prosecution as disclosed in the dying declaration of the deceased is that on 13.03.2001 at about 5:00 pm. while she was making basket at that time her husband went for labour work. As she could not prepare food, her husband gave absuses to her and there was a verbal altercation between them and thereafter her husband poured kerosene on her and set her ablaze. The complaint in respect of this incident was lodged. In pursuance of this complaint, FIR vide Kapotra Police Station I -CR. No. 90 of 2001 came to be registered. The investigation was taken up and after usual investigation, charge -sheet came to be filed against the appellant. The offences committed by the appellant were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Surat under Section 209 of the Code, where it was registered as Sessions case No.144 of 2001. Charge vide Exhibit -8 came to be framed against the appellant. He pleaded not guilty and claimed to be tried.