RANJITSINH ROOPSINH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this Appeal filed under Section 374 of the Code of Criminal Procedure ("the Code" for short) is to the correctness of the judgment and order dated 31.08.1999 rendered in Sessions Case No.299 of 1998 by the learned Additional Sessions Judge, Ahmedabad by which the appellant Ranjitsinh Roopsinh Patel ("the accused" for short) has been convicted for commission of the offence punishable under Section 306 & 498 (A) of the Indian Penal Code ("IPC" for short) and sentenced to suffer RI for 10 years and fine of Rs.10,000/ - and in default thereof, SI for one year for the offence punishable under Section 306 of IPC and RI for 3 years and fine of Rs.5,000/ - and in default thereof, SI for 3 months for the offence punishable under Section 498 (A) of the IPC. Both the substantive sentences were ordered to run one after another, meaning thereby, the accused was ordered to undergo substantive sentence of 13 years.

(2.) SINCE the facts of the case have been detailed in the judgment of the learned Additional Sessions Judge, Ahmedabad, it is not necessary for us to repeat the same all over again in verbatim and in detail in this judgment. However, the basic facts which are necessary to be discussed in this appeal are as under: -

(3.) IT is the case of the prosecution that the accused had developed illicit relations with his own daughter and he behaved improperly with her. Deceased Madhuben has prevented the accused on many occasions from behaving improperly with his own daughter and hence, the accused used to beat her. It is also the case of the prosecution that on 05.03.1998, at about 12.30 in the night, the accused had seriously beaten his wife i.e. Deceased Madhuben for the same reason and hence, she was compelled to pour kerosene on her body and set herself ablaze. The accused had tried to save her and also shouted for help. He has thereafter admitted the deceased Madhuben to Civil Hospital where her dying declaration was recorded by the Executive Magistrate and ultimately she expired on 09.03.1998.