SHAMBHUJI JUHAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants have preferred the present appeal under sec. 374 of CrPC against the order of conviction passed by the learned Addl. Sessions Judge, Gandhinagar in Sessions Case No. 13/2000 dated 20.7.2000, whereby, the learned Addl. Sessions Judge convicted the appellants for the offences punishable under sec. 307 read with section 147, 148 and 149 of IPC for 10 years R/I.

(2.) The short facts giving rise to the present appeal are as under:

(3.) The complainant Shantaben daughter of Ramaji Dhiraji married appellant no. 1 ori. Accused no. 1, four years prior to the date of the incident. The complainant used to stay in the house of her in-laws at village Firojpur, Tal. Daskroi, Dist. Ahmedabad. As per the prosecution case, the appellant no. 1 demanded Rs. 10,000/- for purchasing Tractor and subsequently demanded Rs. 50,000/-, but as the arrangement could not be made to pay the amount, she was ill-treated by her in-laws. The other appellants also ill-treated the complainant. The appellant no. 1 poured kerosene on the complainant and set her on fire. The persons from the neighbourhood came to the rescue of the complainant and doused the fire. The complainant was subsequently taken to the Civil Hospital, Ahmedabad for the purpose of giving immediate treatment. The Investigating Officer who conducted the investigation recorded the statements of the witnesses, prepared panchnama of the place of incident and obtained the medical reports and subsequently filed charge-sheet against the appellants. The appellants came to be arrested and produced before the court. The charge against the appellants was framed vide Exh. 4 for the offences punishable under sec. 307, 147, 148, 149 and 498-A of IPC as well as under sec. 3 and 4 of Dowry Prohibition Act. The appellants pleaded not guilty to the charge levelled against them, the matter was thereafter set down for full-fledged trial before the learned Additional Sessions Judge, Gandhinagar.