JITENDRABHAI @ MANHARBHAI DEVJIBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants-accused have preferred the present Appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (for short, 'the Cr.P.C.) and challenged the judgment and order of conviction dtd. 15/3/2016 rendered by the learned 6th Ad-hoc Additional Sessions Judge, Ankleshwar, District Bharuch, in Sessions Case No. 123 of 2013, convicting the appellants-accused for the offences punishable under Sec. 302 read with Sec. 114 of the Indian Penal Code and sentencing them to undergo life imprisonment with a fine of Rs.500.00=00 and in default of payment of fine, to suffer further simple imprisonment for 15 days. The appellants-accused have been acquitted for the offences punishable under Sec. 504 read with Sec. 114 of the Indian Penal Code.

(2.) The case of the prosecution in nut-shell is that on 4/4/2013 at about 6:00 p.m., the accused nos.1 to 6 (appellants herein) had quarreled with the deceased complainant Lilaben Babubhai Vasava and her family members as to why they made a bath-room in the land of the appellants and hurled abuses but the complainant and her family members had not responded to it. Thereafter, in the evening at about 7:15 p.m., when the deceased complainant was alone at her home, at that time, all the accused persons (appellants herein) had again come to her house and started quarreling with the deceased complainant by using abusive language and tried to caught hold of her. She, therefore, ran away to the house of her aunt Savitaben Kanchanbhai Vasava. All the appellants-accused chased the deceased complainant and the appellants nos.3 to 6 caught hold of her at the house of Savitaben and pushed her on the floor, at that time, the appellant no.1 poured kerosene on her body from a can and appellant no.2 set her ablaze by lighting a matchstick. As the deceased complainant started shouting, all the appellants-accused ran away from the scene of offence. The deceased complainant was immediately rushed to the Civil Hospital at Bharuch by her family members, where she was admitted at about 8:45 p.m. An M.L.C. case was registered and the 'wardhi' in this regard was sent to the Jhagadia Police Station, which was entered into station diary by the PSO on 4/4/2013 vide Entry No.16 and a yadi was sent to the Executive Magistrate for recording of the dying declaration of the injured Lilaben. The PSO, thereafter, informed the PSI Shri Govindbhai Mansingbhai Rathva, who immediately rushed to the hospital and recorded the complaint of the injured Lilaben at 00:30 hours on 5/4/2013.

(3.) On the basis of the FIR, an offence came to be registered as I-CR No.62 of 2013 at the Jhagadia Police Station initially under Ss. 307, 504 read with Sec. 114 of the Indian Penal Code and the investigation was commenced. As the complainant succumbed to the injuries, on 14/4/2013, the offence under Sec. 302 was added in the FIR.