GHANSHYAM RAMCHANDRA SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal has been filed by the appellant -original accused (hereinafter referred to as 'the accused' for short) from jail against the judgment and order dated 4 -3 -2003 passed by the learned Additional Sessions Judge, Vyara, in Sessions Case No.265 of 1996 whereby the accused has been convicted and sentenced to undergo imprisonment for life and to pay fine of Rs.5,000/ - in default, to suffer further rigorous imprisonment for one year for the offence punishable under Sec.302 of Indian Penal Code (hereinafter referred to as 'IPC' for short).

(2.) THE case of the prosecution in short is that a complaint was filed by the complainant -Lavmaharaj Laxminarayan Mishra on 19 -7 -1996 inter alia alleging that marriage of his daughterJyotiben with the accused -Ghanshyambhai Shukla took place before two years as per their customs. Pursuant to the marriage, both of them were residing at a house situated near Bardoli Power House and a daughter named Neha aged one year and three months was born out of the said wedlock. As the accused was torturing the complainant's daughter mentally and physically, the complainant brought back his daughter and grand -daughter in his house. However, due to assurance from the family members of the accused that his daughter would not be ill -treated any more, his daughter was sent back to her matrimonial home. However, on 17 -7 -1996 at 3.30 p.m., brother of the accused and one Kishorebhai came to his house and told that as his daughter Jyotiben caught fire from stove while preparing food, she was admitted in Sardar Hospital. Thereafter, he and his brother -in -law Bharatbhai went to Sardar Hospital and asked his daughter as to what had happened. She replied in presence of his brother -in -law that before two days, her husband was beating her and when she asked her husband to bring back the clock which was brought by her father for Rs.1200/ -, he fought with her and set her on fire by pouring kerosene on her as well as on ground. With the aforesaid allegations, complaint was filed. As the victim died on 25 -7 -1996 at about 6.20 a.m. during the course of treatment, it was noted down by the Investigating Officer and the accused Ghanshyambhai Ramchandra was arrested. Moreover, after the complaint was registered, the same was numbered as C.R.No.I -147 of 1996 with Bardoli Police Station. Police started investigation, recorded statements of witnesses, drew inquest panchnama in presence of panchas and also made arrangements for sending dead body of the deceased for post mortem. He also prepared panchnama of scene of offence, seized muddamal by drawing panchnama to that effect and sent the same to FSL for analysis.

(3.) WE have heard learned advocate, Mr.Ekant G.Ahuja for the appellant -accused and learned APP, Ms.Nisha Thakore for the respondent -State. We have been taken through various oral as well as documentary evidences by the learned advocates for the respective parties.