JAGANBHAI SHANKARBHAI PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant -original accused in Sessions Case No. 73/2008 has approached this Court by way of the present Appeal under Sec. 374 of the Code Of Criminal Procedure, 1973 against the Judgment and Order dated 28.02.2011 passed by the Sessions Judge, Bharuch in the aforesaid Sessions Case. By the judgment under challenge, the Appellant -Original Accused has been convicted of offence under Sec. 302 of IPC and has been sentenced to undergo Life Imprisonment. The original accused has, however, been acquitted for the offence under Sec. 498(A) of Indian Penal Code.

(2.) Heard Mr. Mrudul Barot for the Appellant and Ms. C.M. Shah, learned APP for the State Of Gujarat. Before we appreciate the contentions raised by the respective Advocates for the parties it will be in the fitness of things to discuss the facts which led to conviction of the appellant.

(3.) It is the case of the prosecution that the appellant, Jaganbhai Shankarbhai Patil is the husband of the deceased Kamlaben and were staying in a rented premises at Vadadala Taluka, District Bharuch. The prosecution case is that on 19.2.2008 at 00.30 hrs the appellant entered the house in a drunken state and was therefore reprimanded by his wife, deceased Kamlaben that he comes home in a drunken condition and does not work. As a result of this comment of the deceased Kamlaben there was an altercation between the two and, Jaganbhai Patil, the husband of deceased brought out a tin of kerosene lying in his residence and sprinkled kerosene on Kamlaben's head and her body and lighted a matchstick and with an intention to kill her, threw the lighted matchstick on her. As a result thereof the wife of the accused was set on fire and suffered severe burn injuries on her face, chest, back and her hands and she was admitted to the Bharuch Civil Hospital by her relatives and neighbours and from there she was taken to Jalgaon Civil Hospital for further treatment where on 23.3.2008 at 7.00 A.M. she succumbed to her injuries. The accused Jaganbhai Patil was therefore charged of having committed offences under Sec. 302 & 498(A) of the Indian Penal Code. A charge was accordingly framed by the Fast Track Judge, Court No. 6, Bharuch.