MAGANBHAI RESHMABHAI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant original accused was inter alia sentenced to undergo life imprisonment and was directed to pay fine of Rs. 1,000/-, in default, to undergo simple imprisonment for three months for offence punishable under section 302 of Indian Penal Code by impugned judgement and order dated 08.04.2011 in Sessions Case No. 218 of 2009 by the Additional Sessions Judge, Fast Track Court No. 3 , Panchmahal at Godhra.

(2.) The brief matrix of the prosecution case as disclosed during the trial is that there existed a property dispute between the deceased and the accused. On 08.08.2009, the deceased had gone to the forest as he worked as a watchman in the Bakor Forest range. While the deceased was sleeping on the ground in the forest, he felt someone pour kerosene on him and when he opened his eyes, he saw that the accused was standing there with a tin of kerosene and the accused immediately put a live matchstick on the complainant and set him ablaze. The accused and one Reva Reshma who was also present along with the accused at the scene of offence ran away from there. The complainant started shouting and entered his house and his family members poured water on him and thereafter took him to hospital.

(3.) Heard Mr. Gajendra Baghel, learned advocate appearing for the appellant and Ms. C.M. Shah, learned APP appearing for respondent State at considerable length. Both the advocates have taken us through the oral as well as documentary evidence recorded during the course of trial.