JANAKBHAI RAMJIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused challenging the judgment of learned Sessions Judge dated 26.7.2012.

(2.) Prosecution case in brief is that deceased Rupali was residing with her husband and three children at Anjar. They lived in a joint family with the younger and elder brothers of the husband. On 9.4.2008, there was a quarrel between the husband and wife. The brothers of husband were also instigating the husband. Accused No.1 Janakbhai Ramjibhai, husband of the deceased, poured kerosene over Rupali when the other two accused caught her. Accused No.3 then lit a match­stick and set her on fire. She was rushed to the hospital where she died at about 8:30 the next morning. The husband and other in­laws had also in the past harassed and troubled the woman. Charge was framed at exh.2 against all the accused for having committed offence punishable under Section 302 of the IPC as well Section 498A of the IPC.

(3.) The prosecution case relies mainly on two dying declarations, one oral and another written, made by the deceased. First one was orally made to Dr. Abhishek Kiritbhai Shah, PW­1, exh.6/C. Second dying declaration was made to the Executive Magistrate Shri Pranshankar Amrutlal Raval, PW­16, exh. 97/C, which was reduced in writing and on which the thumb impression of the deceased was also obtained. This dying declaration was produced at exh.99. The prosecution relies on various corroborative pieces of evidence, which we would notice as we go along recording the summary of evidence. However, it may be noted that this case relies primarily on the genuineness and reliability of the said dying declarations.