VIKRAMSINH RAMAJI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants came to be tried by Sessions Court, Ahmedabad (Rural) at Gandhinagar for the offences punishable under Sections 498-A, 302 and 114 of Indian Penal Code for the murder of Vishnuba w/o appellant no.1 allegedly committed on 22.8.1999 in the afternoon around 4.00 p.m., at the appellants' house at village Piplaj by pouring kerosene over her and then setting her ablaze.

(2.) Appellant no.1 was married to deceased Vishnuba. Appellant no.2 is mother of appellant no.1 and mother-in-law of the deceased and appellant no.3 is the maternal aunt of appellant no.1. The case of the prosecution is that the deceased was married to appellant no.1 about two years prior to the incident. Initially, the deceased was treated properly but thereafter, the harassment from the in-laws and husband started. Appellant no.1 even doubted the fidelity of the deceased. On the day of the incident, relatives Page 0862 of parties had assembled to crease out the disputes and they scolded appellants. The deceased was inside the house and at that time, three persons entered the house. Appellant no.1 brought the container of kerosene, appellant no.3 caught hold of the deceased and appellant no.1 poured kerosene over her while appellant no.3 set her ablaze. As a result of this incident, the deceased sustained extensive burn injuries. She was taken to the hospital where she gave history to the doctor and the doctor gave her treatment. The police was informed. Police arranged for recording of dying declaration by the Executive Magistrate by writing a yadi. In response to that yadi, Executive Magistrate went to the hospital and recorded the dying declaration of the deceased and then the Investigating Officer recorded the FIR of the deceased. The offence was registered and investigated. The appellants disappeared from the place of incident soon after the incident and were arrested by the police after about a week from the date of the incident upon them voluntarily appearing before the police. The Investigating Agency having found sufficient evidence filed the charge sheet against the three accused in the Court of J.M.F.C.,Gandhinagar. As the case was triable by the Court of Sessions, it was committed to the Court of Sessions by learned J.M.F.C., Gandhinagar and Sessions Case No. 1 of 2000 came to be registered.

(3.) Learned advocate Mr. P.R. Nanavaty has taken us through the record and proceedings. He submitted that the yadi/vardhi sent by P.S.O., Pethapur which is at exh.27 was the first information reporting a non-cognizable offence which was reduced to writing and, therefore, that ought to have been treated as the FIR and not the FIR which was recorded by police from the deceased at a later point of time while she was under treatment at the hospital.