SAJANBHAI SAMATBHAI MER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred against the judgment and order dated 19.11.2007 passed by learned Additional Sessions Judge, Fast Track Court No. 6, Bhavnagar, in Sessions Case No. 76 of 2006, whereby the accused was held guilty for offence punishable under Section 302 of the Indian Penal Code (for short, "IPC") and ordered to undergo imprisonment for life and to pay fine of Rs. 5,000/- and, in default of payment of fine, accused was ordered to undergo simple rigorous imprisonment for one year. Feeling aggrieved by the impugned judgment, the accused has preferred present appeal before this Court.

(2.) The facts in brief giving rise to the filing of present appeal are as under:--

(3.) Mr. A.D. Shah, learned Senior Advocate for the appellant-original accused has taken us through the evidence and submitted that the prosecution has miserably failed to prove its case against the appellant. He also submitted that the complainant had made a statement before the Medical officer on 27.12.2005 at 11 p.m. that she received burn injuries while cooking and it was an accident and, therefore, the accused could not have been convicted for offence under Section 302 of IPC. He further contended that this is an accident and there was no motive on the part of the accused to commit murder. He further contended that it has come on record that the incident took place on 27.12.2005 and the deceased died on 1.1.2006 i.e. 5 days after the incident and the cause of death as stated by the doctor is septicemia and shock due to extensive burns. He, therefore, submitted that the learned trial Judge has committed an error in convicting the accused for offence under Section 302 of IPC and, at the most, the accused could be held guilty for offence punishable under Section 304, Part-II of IPC. In support of his submission, he has relied upon the decision of the Honorable Apex Court in Maniben v. State of Gujarat [, AIR 2010 SC 1261]. In view of these, he prayed that this appeal may be allowed.