SANDIPBHAI FULSINGH VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 13.03.2012 passed by learned Additional Sessions Judge, Surat, in Sessions Case No. 11 of 2011, whereby the accused was held guilty for offence punishable under Sec. 302 of the Indian Penal Code (for short, "IPC") and ordered to undergo imprisonment for life and to pay fine of Rs. 5,000/ - and, in default of payment of fine, accused was ordered to undergo simple imprisonment for six months. The accused was also convicted for the offence punishable under Sec. 323 of IPC and ordered to undergo rigorous imprisonment for three months and to pay fine of Rs. 500/ - and, in default of payment of fine, accused was ordered to undergo simple imprisonment for seven days. Feeling aggrieved by the impugned judgment, the accused has preferred present appeal before this Court.

(2.) The facts in brief giving rise to the filing of present appeal are as under: - -

(3.) Mr. Vijay Nangesh, learned advocate for the appellant -original accused has taken us through the evidence and submitted that the prosecution has miserably failed to prove its case against the appellant. He also submitted that even the parents of the deceased have not supported the case of the prosecution. He further submitted that even in dying declaration the deceased has stated that the accused tried to save her, therefore, the accused could not have been convicted for offence under Sec. 302 of IPC. He further contended that this is an accident and there was no motive on the part of the accused to commit murder. He further contended that it has come on record that the incident took place on 4.10.2010 and the deceased died on 8.1.2006 i.e. four days after the incident and the cause of death as stated by the doctor is septicemia and shock due to burns. He, therefore, submitted that the learned trial Judge has committed an error in convicting the accused for offence under Sec. 302 of IPC and, at the most, the accused could be held guilty for offence punishable under Sec. 304, Part -II of IPC. In support of his submission, he has relied upon the decision of the Honourable Apex Court in Maniben v/s. State of Gujarat [ : AIR 2010 SC 1261]. In view of these, he prayed that this appeal may be allowed.