HARMANBHAI BALUBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") is directed against the judgment and order of conviction and sentence dated 14th February, 2011 passed by the learned Sessions Judge, Vadodara in Sessions Case No.197/2009 whereby the appellant No.1 ­ Harmanbhai Balubhai Parmar has been convicted for the offence punishable under section 302 read with section 114 of the Indian Penal Code (IPC) and has been sentenced to undergo life imprisonment and fine of Rs.1,000/ - and in default of payment of fine, to undergo further rigorous imprisonment for six months as well as for the offence punishable under section 504, IPC and sentenced to undergo three months' rigorous imprisonment and the appellant No.2 ­ Maniben Chimanbhai Kesarisinh Chauhan has been convicted for the offence punishable under section 302 read with section 114, IPC and has been sentenced to undergo life imprisonment and fine of Rs.1,000/ - and in default of payment of fine, to undergo rigorous imprisonment for a period of six months.

(2.) As per the prosecution case, the appellants herein, who are the original accused, were involved in an illicit affair. On 21st October, 2009, accused Harmanbhai came to the house of deceased Chimanbhai and started hurling abuses at him and told him that the house was his and that he (Chimanbhai) should not enter the house. Thereafter, accused Harmanbhai took hold of a kerosene can lying behind the kitchen and poured kerosene over him and accused Maniben lit a matchstick and set him ablaze. Thereafter, one Ranjanben poured water over him and extinguished the flames. Mahesh, the son of the deceased, then called an ambulance; however, accused Harmanbhai snatched the phone from him and told that Chimansinh was intoxicated and that there was no need to send for the ambulance. Thereafter, Chimanbhai ran out and asked Mansing Punjabhai Chavda to call for an ambulance. The said Mansing Punjabhai Chavda called the 108 ambulance and took Chimanbhai to the hospital alongwith Maniben, Mahesh and Kesarisinh (father of the deceased). Chimanbhai was first taken to Savli Hospital from where he was referred to the hospital at Vadodara. A first information report came to be lodged by Bhagwansinh Kesarisinh Chauhan, brother of the deceased on 22nd October, 2009 alleging that Harmanbhai, Maniben and Mahendrasinh Chimanbhai (son of the deceased) had set him ablaze and closed the doors of the house and fled. It appears that after about ten days, though he had not recovered, Chimanbhai was discharged from the hospital. Subsequently, Chimanbhai developed septicaemia and died on 15th November, 2009 about ten days after he was discharged from the hospital. Upon conclusion of the investigation, the Investigating Officer submitted charge -sheet against the appellants herein for the offence under sections 504 and 302 read with section 34 of the Indian Penal Code and section 135 of the Bombay Police Act wherein Mahesh @ Mahendrasinh Chimanbhai, who was shown as an accused in the first information report, was named as a witness. The case came to be committed to the Court of Sessions and was numbered as Sessions Case No.197 of 2009.

(3.) The Sessions Court framed charge at Exhibit -6 which was read over to the accused who pleaded not guilty and sought a trial. During the course of trial, the prosecution examined, in all, ten witnesses and produced certain documentary evidence on record. The trial court, relying on the eye -witnesses' account and the medical evidence, convicted both the accused for the offence punishable under section 302 read with section 114 of the Indian Penal Code and further convicted accused Harmanbhai for the offence under section 504 IPC whereas accused Maniben was acquitted of the said offence. The accused were sentenced for the said offences as referred to hereinabove.