VARISHALI MOHAMMAD ISRAIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order dated 7-10-1998 passed by the learned Additional Sessions Judge, ahmedabad (Rural), Mirzapur, Ahmedabad, in Sessions Case No. 116 of 1994 recording the conviction of appellant original accused No. 1 (husband) for the offence under Secs. 302 and 498a of the Indian Penal Code imposing sentence of imprisonment for life and imposing a fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for six months. In view of the sentence imposed for offences under Sec. 302 of the Indian Penal Code, no separate sentence has been awarded for offence under Sec. 498a of I. P. C. The learned sessions Judge has acquitted original accused No. 2 (mother-in-law) of the charges for both the offences.

(2.) THE short facts of the case stated are that the appellant-original accused no. 1 is the husband of the deceased and accused No. 2 is mother-in-law the case of the prosecution is that the deceased Sahanazbanu was harassed/ abused by accused No. 1. It is alleged that on 17-2-1994 at about 3-30 p. m. the accused had set ablaze the deceased Sahanazbanu (wife) by pouring kerosene after denuding her in the house at Bakramandi, Ranip, Ahmedabad. Therefore, complaint was lodged by the Head Constable Kalaji Mangalji on 17-2-1994. Offence was registered being F. I. R.- C. R. No. I-28 of 1994 on the basis of vardhi Exh. 23.

(3.) ON the basis of the complaint/f. I. R. , investigation was carried out. After the investigation was over, charge-sheet was submitted and the learned Judicial magistrate, First Class after ascertaining as regards papers are given to the accused, committed the case to the Court of Sessions as the offence under sec. 302 of the Indian Penal Code was triable by the Court of Sessions by committal order Exh. 7.