MUKESH @ KAILI DALPATBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and the order passed by the learned Sessions Judge in Sessions Case No.96 of 2009, whereby the accused has been convicted for the offence under Section 302 of Indian Penal Code and sentenced to life imprisonment with the fine of Rs.1,000/. The learned Sessions Judge has also convicted the accused for the offence under Section 506(2) and sentenced for 02 years R.I. with the fine of Rs.500/.

(2.) The short facts of the case are that on 28.1.2009 the complaint was filed by Artiben (hereinafter referred to as 'deceased) with 'D' Division Police Station of Bhavnagar stating that on the date of the incident at about 4 O'clock accused had come to meet her in chawl, since there was love affair with her since last about one and half years. In this regard the mother of the deceased scolded the accused and there was quarrel with the mother of the deceased and the sister of the deceased and when they said the accused that police complaint shall be filed the accused went away. Thereafter, since the deceased was at residence, the accused called deceased to meet at the bank of river behind residence and told her by giving a threat that if his name is given by the deceased he will kill the deceased and therefore, she had gone to meet the accused and thereafter came back. At about 7 O'clock the accused again came to the residence of the deceased and when she was inside the room of Jagruti, the accused told the deceased that they may both burn themselves and then the accused poured half of the bottle of the kerosene upon the deceased and with the mathstick set fire and when the deceased started burning and came in falia (open space), the accused run away by leaving her in burning condition. At that time, Anwarbhai came and the deceased thought that he will save her and therefore, she went near him and she embraced the son of Anwarbhai who also received burn injury. By that time the other persons gathered and the wife of the elder brother of her father came there and thereafter one Jigabhai Vankar made a phone call and 108 Ambulance was called for treatment. She was brought to the hospital and then the complaint was filed.

(3.) The aforesaid complaint was investigated by the police and thereafter chargesheet was filed against the accused. The prosecution in order to prove the guilt of the accused examined 10 witnesses and produced documentary evidence of 25 documents, the details of which are recorded by the learned Sessions Judge at para4 of the impugned judgment. The learned Sessions Judge thereafter recorded the statement of the accused under Section 313 of the Criminal Procedure Code wherein the accused denied the evidence against him, except that he was knowing the deceased. In the further statement the accused stated that wrong facts are stated by his rivals and false complaint is filed. He had no love affair with the deceased and he is innocent. The learned Sessions Judge thereafter heard the prosecution as well as defence and found that the prosecution has been able to prove the case beyond reasonable doubt for the offence under Sections 302 and 506(2) of Indian Penal Code. Thereafter the learned Judge Sessions heard the prosecution as well as defence for sentence and ultimately imposed sentences for the respective offences as stated hereinabove. Under the circumstances the present appeal against the conviction by the accused appellant herein. The appellant who is original accused shall be referred to hereinafter as the accusedappellant.