HIRALAL KESHAVLAL VAGHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The learned Additional Sessions Judge, Mehsana vide judgement and order dated 30.05.1997 passed in Sessions Case No. 228 of 1997 convicted original accused no. 1 of Sessions Case No. 228 of 1996 for the offence punishable under section 306 of Indian Penal Code and sentenced him to suffer rigorous imprisonment for five years and fine of Rs. 2000/-, in default, rigorous imprisonment for six months. The trial court however acquitted original accused no. 1 of Sessions Case No. 228 of 1996 under section 302 r/w 114 of Indian Penal Code.

(2.) The case of the prosecution is that original accused no. 1 in Sessions Case No. 228/1996 was arrested in connection with the offence registered before the Chief Judicial Magistrate, Mehsana for offence under sections 302, 34, 120B and 114 of Indian Penal Code wherein a complaint was filed by the mother of deceased Meenaben who happened to be the wife of the accused. It is the case of the prosecution that on 28.07.1991 original accused no. 2 & 3 of Sessions Case Sessions Case No. 228/1996 had poured kerosene on the deceased and thereafter original accused no. 1 of Sessions Case No. 228/1996 set her ablaze. She was taken to Mehsana Civil Hospital by her husband and mother-in-law but she succumbed to her injuries after recording her dying declaration.

(3.) Mr. Ashish Dagli, learned advocate appearing for the original accused no. 1 in Sessions Case No. 228/1996 submitted that there is nothing on record to establish that the accused is involved in this case except the private complaint which is secondary. He submitted that the prosecution has not proved the case against the accused beyond reasonable doubt. He submitted that the complaint has been lodged after about 19 days.