IQBALBHAI KASAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal assails the judgment and order dated 28/02/2007, passed by the learned Presiding Officer, Fast Track Court No. 3, Bhavnagar, in Sessions Case No. 2 of 2002, whereby, while acquitting original accused Nos. 1 and 3 from the charges levelled against them, the appellant original accused No. 2 came to be convicted for the offences punishable under Sections 302 and 436 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and for the offence punishable under Section 302 of the IPC, he was sentenced to undergo life imprisonment and a fine of Rs.5,000/ and in default of payment of fine, to undergo further simple imprisonment for one month, whereas, for the offence punishable under Section 436 of the IPC, he was sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.500/ and in default of payment of fine, to undergo further simple imprisonment for one month. Accordingly, present appeal has been filed by the appellant original accused No. 2 against conviction, as aforesaid.

(2.) Brief facts of the prosecution case are that appellant herein original accused No. 2 Iqbalbhai Kasambhai and deceased Mumtaz were the husband and the wife, respectively. The appellant accused No. 2 allegedly had illicit relations with his sisterinlaw (bhabhi, the wife of his brother) and since, the deceased knew the said fact, all the accused, who happened to be the fatherinlaw, the husband and the sisterinlaw of deceased, respectively, were used to give her mental and physical torture and on 30/09/2001, all the accused together, allegedly set the deceased daughter of the complainant and her two children namely Sufiyan and Sufiyana ablaze by pouring kerosene, at her matrimonial home. The deceased sustained severe burn injuries and ultimately, succumbed to the injuries and thereby, the accused committed the offence alleged against them, for which a complaint came to be lodged.

(3.) We have heard Mr. Tolia, learned advocate for the appellant original accused No. 2 and Ms. C. M. Shah, learned Additional Public Prosecutor, for the State.