NARESH BHIMABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is preferred by the appellant-original accused against the judgment and order of conviction and sentence dated 31.07.2012 passed by the learned Additional Sessions Judge, Tapi at Vyara in Sessions Case No. 1 of 2001 whereby the appellant - accused was ordered to undergo life imprisonment & was ordered to pay fine of Rs. 500/- in default to further undergo simple imprisonment for 10 days for offence under section 302 of Indian Penal Code. The accused was given the benefit of set off.

(2.) It is the case of the prosecution that on 21.09.2010 at about 9:00 p.m. at Village Moghwan, Near Bus stand, the accused has demanded Rs.100/- from his wife Madhuben Nareshbhai for the purpose of some work but he did not go to work and consumed liquor of that amount for which the deceased Madhuben Nareshbhai told him why you had not gone to work. It is the further case of the prosecution that due to this some altercation occurred between the accused and his wife Madhuben for which the accused had sprinkled kerosene on his wife Madhuben and set her on fire for which she succumbed to the injuries.

(3.) Ms.Darshana Pandit, learned advocate appearing for the appellant-accused contended that the trial court has committed an error in convicting the appellant inspite of the fact that the crucial witnesses namely P.W.2, 3, 5, 6 and 7 have turned hostile and no independent witnesses have been examined by the prosecution. She further contended that the medical evidence does not support the case of the prosecution and the prosecution failed to prove to establish the connection of appellant with the alleged crime. She has contended that there is no eye-witness to the incident in question and she has also relied upon column no.17 of the P.M.Note which reads as under: