CHANDRAKANT DEVISINH BRAHMBHATT (BAROT) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal, the appellant - original accused has challenged the judgment and order dated 26.05.2011 passed by the learned 6th Additional Sessions Judge, Godhra in Sessions Case No.2 of 2010 whereby the present appellant - original accused was convicted for the offence punishable under Section 302 of Indian Penal Code and has been sentenced to undergo life imprisonment and fine of Rs.6,000/, and in default to undergo simple imprisonment for six months, and he has been acquitted for the offence punishable under Section 498(A) of Indian Penal Code. The accused was given the benefit of setoff.

(2.) It is the case of the prosecution that the accused and the deceased being husband and wife were staying together wherein the accused had given mental and physical torture to the deceased and thereby the deceased had set her to fire by pouring kerosene and caused her death. A criminal complaint came to be filed before the Shehra Police Station being C.R. No. I - 162 of 2009 by one Hardikkumar Jashubhai Barot for the offences punishable under Sections 302, 498(A) of the Indian Penal Code. After thorough investigation, chargesheet was filed and the case was submitted before the learned JMFC, Shehra. Since the case was sessions triable, therefore it was committed to the Sessions Court at Godhra.

(3.) During the trial, the prosecution examined the following witnesses and adduced 21 documentary evidence. <FRM>JUDGEMENT_137_LAWS(GJH)5_2016.htm</FRM>