DHANSUKHBHAI GULAMBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant is convicted for murder of his wife, Jeshmaben, by pouring kerosene over her and setting her to fire, on 18th April, 1997, at about 21.00 hours, in their residence, at Mota Falia of Village Kalamkui. The appellant had come to be tried by learned Additional Sessions Judge, Surat, Camping at Vyara, in Sessions case No. 257 of 1997 and came to be convicted by a judgment and order dated 23rd June, 1999 and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 400/-, in default thereof, to undergo further simple imprisonment for two months.

(2.) The prosecution case, in brief, is that the appellant and deceased-Jeshmaben were husband and wife. On the day of the incident, the appellant went home and inquired about a carpentry implement, which he had purchased in the recent past to the date of incident. The deceased had lent that implement to a neighbour, which resulted into a quarrel between the two and it was alleged that the appellant poured kerosene over the deceased and set her on fire. The deceased raised shouts but nobody from neighbourhood even came to her rescue. After some time, the Sarpanch of the village, one neighbour and the mother of the deceased arrived. They claim that the deceased told them that the accused had poured kerosene over her and set her to fire. The Sarpanch claims to have informed Valod Police about the same. Next day in the morning, at about 6.15 A.M., the deceased was taken to hospital at Bardoli and Bardoli Police was informed, on the basis of which an entry was made in the Police Station Diary. The police arrived at the hospital, took First Information Report from the deceased and summoned the Executive Magistrate. The Executive Magistrate also arrived and recorded dying declaration of the deceased. The police registered the offence and, on investigation, having found sufficient material against the appellant, filed charge sheet in the Court of learned Judicial Magistrate, First Class, at Bardoli, who, in turn, committed the case to the Court of Sessions. Consequently, Sessions Case No. 257 of 1997 came to be registered.

(3.) We have heard learned Advocate, Mr. Supehia, for the appellant and learned Additional Public Prosecutor, Mr. Prachchhak, for the State and have gone through the record and proceedings.