IQBALMINYA UMARMINYA BAHELIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having been sentenced to life imprisonment for the offence under Sec. 302 of Indian Penal Code and rigorous imprisonment for two years and fine of Rs. 1000/ - in default further simple imprisonment for fifteen days under Sec. 498(A) of Indian Penal Code by impugned judgment and order dated 19.10.2010 passed by the learned Sessions Judge, Principal Court, Gandhinagar in Sessions Case No. 42 of 2010, the appellant, being aggrieved, is before this Court questioning the impugned judgment and order.

(2.) It is the case of the prosecution that the accused who is the husband of deceased used to doubt the character of the deceased and therefore he used to frequently quarrel with her and physically and mentally torture her. It is the case of the prosecution that on 19.03.2010 while the deceased was cooking, the accused came there and started quarrelling with her and thereafter poured kerosene on her and pushed her face into a hearth used for cooking (chullah) and therefore she sustained burns on her face and all over her body. She started screaming and therefore the neighbours who reached there took her in 108 mobile ambulance van to hospital. She however succumbed to her injuries on 25.03.2010.

(3.) Ms. Nisha Parikh, learned advocate appearing for the appellant contended that the trial court ought not to have convicted the accused for the offence punishable under Sec. 302 of Indian Penal Code as it is not a case of murder but mere accident. She submitted that majority of witnesses have turned hostile and taking into consideration the evidence on record the prosecution has miserably failed to prove the case against the accused beyond reasonable doubt.