DILIPSINH HARISINH THAKUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 1.7.1999 delivered by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No. 97 of 1997, whereby learned Additional Sessions Judge convicted the appellant for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo imprisonment for life and fine of Rs. 100/-, in default, simple imprisonment for seven days.

(2.) The case of the prosecution in brief is that deceased Daxaben was the wife of the accused and was residing at Navdurga Chowk, Block No. 1157, Gota Housing, Ahmedabad. That she was married to the accused before about five years. That on 3.4.1997 at about 8.00 hours in the night, the accused husband of the deceased came home in a drunken condition and there was a quarrel between them on the point of illicit relation of her husband with Rajni @ Jayshree d/o Jesingbhai Baldevbhai Chauhan and during the quarrel the accused brought kerosene from his house and poured the same on the deceased and set her ablaze, because of which the deceased started screaming and the neighbours gathered and tried to put off the flames. The accused, on seeing every body doing so, also acted to put off the flames and then took the deceased to the Civil Hospital. The complaint of the deceased was recorded in the Civil Hospital. The deceased died during the treatment at the hospital.

(3.) The police recorded the complaint of the deceased before her death and, therefore, on the basis of the same, the case was registered and the investigation was carried out. The Investigating Officer drew the panchanama of scene of offence in presence of panchas, inquest panchanama of the body of the deceased, got the post-mortem of the body done and obtained its report, obtained the written compromise arrived at in Jyotisangh between the accused and the deceased, sent necessary muddammal from the place of offence to the F.S.L., and obtained the report of the F.S.L., recorded the statements of the witnesses and at the end of investigation, submitted the charge sheet against the accused before the Judicial Magistrate, First Class, Ahmedabad.