MANISH AMRUTLAL VANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants-original accused in Sessions Case No.55 of 2001 are before this Court. The learned Additional Sessions Judge and the Presiding Officer, 11th Fast Track, Gondal, Camp at Dhoraji convicted the accused for the offences under sections 498A, 306, 323 read with section 114 of the Indian Penal Code. The learned Judge was pleased to convict the accused for the offence under section 506(2) read with section 114 of IPC also. The learned Judge was pleased to award 2 years rigorous imprisonment, fine of Rs.2000/-, in default 2 months simple imprisonment for the offence under section 498A, read with section 114 of IPC. Whereas, for offence under section 306 read with section 114 of IPC, the learned Judge was pleased to award 5 years rigorous imprisonment, fine of Rs.5000/-, in default 6 months simple imprisonment. The learned Judge was pleased to award rigorous imprisonment for 1 year, fine of Rs.1000/-, in default 1 month simple imprisonment for offences under section 323 read with section 114 of IPC. The learned Judge was pleased to order that all the main sentences shall run concurrently. The learned Judge was also pleased to order that the period for which the accused have remained in Jail as under-trial prisoners shall be given set off.

(2.) In this case, the deceased is said to have given three versions before she succumbed to burn injuries. The incident took place on 18th October 2000 at around 07.30 PM. When she was brought to Dhoraji hospital, she gave history that while she was cooking, the 'primus' got burst, and therefore, she sustained burn injuries. Taking into consideration the condition of the deceased, she was referred to Junagadh Hospital. She died on 21st October 2000 at 09.45 AM. While she was at Junagadh Hospital, the Medical Officer informed and on intimation being received from the Police Chowky of Junagadh Hospital, the learned Executive Magistrate, Shri Harigar Ratigar Aparnathy recorded Dying Declaration of the deceased. The Dying Declaration recorded by the Executive Magistrate is at exh.44. In answer to question no.2, "What has happened to you"", the deceased replied as under:

(3.) The appeal was filed on 18th October 2006. It came up for hearing on 6th November 2006. After hearing the learned advocate in some detail, the office was directed to call for the Record & Proceedings of the case. After the Record & Proceedings was received the matter was heard on 20th November 2006. The learned advocate made available the copies of necessary material evidence like, Exh.44 " Dying Declaration recorded by the Executive Magistrate, Exh.55-Statement recorded by the Deputy Superintendent of Police on 18th October 2000, Exh.54- statement recorded by the Deputy Superintendent of Police on 19th October 2000. The matter was heard in detail. As the Court was not convinced of the submissions made by the learned advocate for the appellant, the learned advocate prayed for some time which was granted and the matter was adjourned for today.