PRAFULBHAI MANILAL DOSHI JAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant ­ original accused has filed this appeal under Section 374 of the Criminal Procedure Code, 1973 [for short, 'the Code, 1973'] against the judgment and order dated 10.08.1999 delivered in Sessions Case No.83 of 1995 by learned Additional Sessions Judge, Court No.9, Ahmedabad convicting and sentencing the appellant for life imprisonment with fine of Rs.500/ and in default thereof to undergo rigorous imprisonment for 1 month for the offences punishable under Section 302 of the Indian Penal Code.

(2.) Initially, while admitting the appeal, considering the prima facie aspects, on 04.11.1999 this Court passed the following order:

(3.) The case of the prosecution in nutshell is that the accused own and run a factory in the name and style of Mahavir Industries where the deceased and his wife were working as laborers. The accused developed affair with his wife ­ Vimlaben and frequently used to visit her residence. On 29.03.1994 about 3:00 p.m when deceased had gone to his residence, he found the accused having sexual intercourse with Vimlaben and immediately the accused realizing this act being seen by the deceased, took out kerosene and sprinkled over the deceased and set ablaze by lighting the match stick. Vimlaben tried to save her husband and in the process, she also received burn injuries on back portion and later on both of them were admitted in Shardaben Hospital, Ahmedabad and during the treatment deceased succumbed to burn injuries. Thus, the accused committed murder of deceased ­ Ramesh Vanzara.