DINESHBHAI @ IQBALBHAI SHANKERBHAI MARWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this appeal the appellant has challenged judgement and order of conviction and sentence dated 18th August 2006 passed by the learned Additional Sessions Judge, Court No.12, Ahmedabad City, whereby the Sessions Court has acquitted the appellant-accused for the commission of offences under section 498(A), 323 and 307 of IPC and convicted the appellant for the commission of offence under section 302 of IPC for suffering life imprisonment and fine of Rs.500/-, in default to under go further three months rigorous imprisonment.

(2.) According to the prosecution, the appellant-accused is husband of original complainant Aishaben is staying at Bhairavnathni Chali, behind Cremation House, Ahmedabad. The husband of Aishaben Salim Shaikh had expired and on his death Aishaben married to the present appellant accused. Out of her first marriage she had two daughters who are staying with her. According to her the present appellant-accused was in the habit of taking liquor and was regularly quarrelling with the complainant Aishaben and he was always having suspicious nature. She used to go for household works and if she did not give money to the present appellant he used to beat her. During the month of Ramsan the appellant had quarreled with the appellant and set her residential premises on fire.

(3.) On 6.4.2004, in the afternoon at about 1400 hours, when she was at her residence, the appellant accused had gone there in drunken condition. Since he was suspicious of her, she was beaten and ultimately she was saved because of intervention of the neighbours. At that time the appellant-accused had run away. On the same day viz. 6.4.2004 at about 2200 hours when she was sleeping along with her two daughters outside her house, the appellant accused came there in drunken condition. She was taken inside the house and beaten there. During the scuffle the appellant-accused got enraged and poured kerosene from a can and set her on fire. She had raised shouts and she was on flames. On hearing the shouts neighbours rushed there and some of them poured water on her. The appellant-accused ran away from the spot. Aishaben suffered burn injuries on her face, chest, both hands and her body was totally burned. Her neighbour Jetuben Ahmedbhai and Manjuben Pursottam Solanki had taken her in an autorickshaw to the civil hospital and she was admitted in emergency ward for primary treatment. At that time she was conscious. Complaint was lodged before Naranpura police station and the same was recorded by PSI as per the say of the complainant. The said complaint was signed by Incharge Police Station Officer of Naranpura Police Station. The said complaint was registered as Crime Register No.I 198 of 2004 and investigation was handed over to one Mayurvanshi and in turn it was handed over to PI Chhaganlal Raval.