RAMESHBHAI ICHCHHUBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant-original accused No.1 along with original accused No.2 of Sessions Case No.245 of 1996 were tried for the offence punishable under Secs.302-114 of Indian Penal Code and at the end of trial, the appellant-original accused No.1 was convicted for the offence under Sec.302 of IPC to undergo rigorous imprisonment for life and to pay fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for a further period of six months while original accused No.2 was acquitted of all charges levelled against her, by the learned Sessions Judge, Surat vide judgment and order dated 29-8-1997 passed in Sessions Case No.245 of 1996.

(2.) The short facts of the prosecution case are that the complainant and his wife, deceased Ramilaben with their two children were staying in Segva Village, Olpad Taluka and were doing agricultural activities. On the date of incident i.e. on 8-1-1996, the complainant, the husband of the deceased had gone for labour work and deceased and their two children were at home. In the evening at about 6 p.m., when the deceased was preparing food in her house and both the children were playing very near to the house along with other children, the present appellant went inside the house of deceased, picked up the lamp, sprinkled kerosene from it on the deceased and ignited her. She therefore received severe burn injuries and started screaming and hence, neighbours came there and tried to save her. It is further the case of the prosecution that when the complainant came back home at about 7 p.m., the deceased narrated the incident to him. Even mother of the deceased also came there at about 7 p.m. Thereafter, both the complainant and his mother-in-law went to Sayon Police Outpost and narrated the incident and his complaint was recorded against the present appellant and one Jamnaben, wife of Rameshbhai, initially for the offence under Secs.307 and 114 of IPC and it has been registered as Olpad Police Station I.C.R.No.3 of 1996. It was alleged by the complainant that the present appellant and original accused No.2 had a doubt about the illicit relation of the deceased with the brother of the appellant-accused No.1 and hence, they had a quarrel. Upon registration of the complaint, PSO handed over investigation to PSI, N.D.Vyas. On receiving the investigation of the above referred offence at about 12.30 p.m. on 9-1-1996, he went to the scene of offence i.e. Segva Village and made arrangements for preparing panchnama of scene of offence in the presence of panchas and seized the muddamal from the scene of offence. He also made arrangements to send the victim to hospital for treatment and also sent yadi to Executive Magistrate for recording the dying declaration of the deceased. He also tried to search the accused and on 10-1-1996 he arrested both the accused by preparing arrest panchnama and they were sent to judicial custody. He also recorded statements of various witnesses and on 18-1-1996, as the victim succumbed to the injuries, he made arrangements for preparing inquest panchnama in the presence of panchas. He also filled in marnotar form and gave yadi to doctor for performing post mortem. He also sent yadi to concerned learned Magistrate for addition of Sec.302 of IPC. On receipt of post mortem report, etc. he kept the same in the investigation file. At the end of investigation, he submitted the charge sheet against the accused into Court of concerned learned Judicial Magistrate (First Class), Olpad, on 18-3-1996.

(3.) As the offence alleged against the accused being exclusively triable by the Court of Sessions, learned Judicial Magistrate (First Class), Olpad, committed the case to the Court of Sessions at Surat where it was numbered as Sessions Case No.245 of 1996.