AHER LAKHMAN BHURA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal under Sec. 374 of the Code of Criminal Procedure, we hear the echo of a murder of a young wife aged about 22 years as alleged to have been done to death by her husband, who is the appellant before us and who is the original accused in the trial Court.

(2.) The spectrum of material facts leading to the rise of the present appeal may be stated at the outset.

(3.) The appellant who is the husband of the deceased Bai Dhani was charged for having committed murder of his wife, before the learned Additional Sessions Judge at Gondal in Sessions case No. 37 of 1986, in that, the prosecution alleged that the accused on the unfateful day of 18-5-1986 at about 12 noon in the house in Chhadvavadar in Dhoraji taluka of Rajkot district, after pouring kerosene on the person of the deceased Bai Dhani put her on fire with the help of a match stick, with an intention to kill her as there was a bad relation between the spouses on account of the accused having illicit intimacy and relationship with one lady Valu Devayat. The accused was, therefore, charged for having committed an offence punishable under Sec. 302 of the I. P. Code in the trial Court on 1-1-1987.