KAMLESHKUMAR MANRAKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant came to be convicted by learned Addl. Sessions Judge, Court No.3, Ahmadabad, for offences punishable under Section 302 and 498-A of Indian Penal Code while disposing of Sessions Case No. 289 of 1996 by judgment & order dated 21" July, 1997. The appellant was sentenced to undergo R.I. for life and to pay fine of Rs.500-00, and in default, to undergo R.I. for 2 months for the offence of murder. Whereas he was sentenced to undergo R.I. for one year and to pay fine of Rs.500=00, in default, to undergo R.I. for period of 2 months for the offence punishable under Section 498-A of I.P. Code.

(2.) The appellant was married to Sumitraben @ Sunitaben, daughter of Gorelal Hardayal Prajapati. It is the case of the prosecution that the appellant did not like deceased Sumitra resulting into his causing harassment to Sumitra. Sumitra made complaints about this to her father and other relatives. On 3/8/1996 deceased was taken to her matrimonial house after she had gone to her parental house following ill-treatment by the appellant. On 4/8/1996 in the midnight of about 12.00 'O' clock it is alleged, while deceased was sleeping in the home situated at Sardarnagar Approach Hutments, the appellant poured kerosene over the deceased and set her ablaze. The deceased sustained about 98 % burns of 1st and 3rd degree. She was taken to Civil Hospital. Her father was informed and he rushed to the hospital. On being asked, Sumitra told her father that while she was sleeping, the appellant poured kerosene over her and set her ablaze. She also told him that after she was set ablaze, when she tried to rush out of the house, the appellant pushed her; as a result she fell down. The deceased was given treatment in hospital and First Information Report was lodged by father of the deceased Gorelal. The Executive Magistrate was called to record dying declaration of the deceased which he did and recorded her dying declaration wherein also the deceased clearly implicated the appellant.

(3.) On basis of the First Information Report lodged by Gorelal Hardayal Prajapati; the father of the deceased, offence was registered and in estigation started. The Investigating Officer at the end having found sufficient material implicating the appellant with the offences filed charge sheet against him in the Court of learned Metropolitan Magistrate, Ahmadabad. Since the offences alleged against the appellant were triable exclusively by Court of Sessions, the case was committed to the City Sessions Court, Ahmadabad, and Sessions Case No. 289 of 1996 came to be registered. Case was transferred to City Sessions Court No. 12 and charge was framed at exhibit-1. The accused / appellant pleaded not guilty to the charge and claimed to be tried.