GULABSINH BALUSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 20th June 2005 passed by learned Additional Judge, Fast Track Court No.2, City Civil and Sessions Court, Ahmedabad in Sessions Case No.267 of 2004 whereby the appellant has been convicted for the offences punishable under Sections 302 and 498-A of the Indian Penal Code. For the offence under Section 302 of the IPC, the appellant has been sentenced to rigorous imprisonment for life and a fine of Rs.2000/- and in default simple imprisonment for two months and for the offence under Section 498A of the IPC, he has been sentenced to rigorous imprisonment for three years and a fine of Rs.1000/- and in default to undergo simple imprisonment for two months.

(2.) Mr.P.K.Soni, learned Advocate for the appellant had submitted that he has a copy of the relevant record necessary for deciding the appeal. However, by order dated 8/3/2007, the record and proceedings of the case had been called for from the trial Court. Pursuant to the said order, the record and proceedings have been received by this Court and after giving the learned Advocates appearing for the parties an opportunity of going through the same, the matter has been taken up for hearing.

(3.) The case of the prosecution is that at about 6:00 hours in the morning of 26th November, 2003 when the deceased Champaben was sleeping in a cot, the accused who is her husband, poured kerosene on her and set her ablaze with the help of a matchstick. Upon hearing her cries, the neighbours rushed to the spot and tried to put out the fire by sprinkling water over her. At about 7.50 a.m. Champaben was brought to the Civil Hospital where she was initially treated by Dr. Bhavin Shyamlal Shah, Medical Officer, Civil Hospital, before whom she gave history that her husband had set her ablaze while she was sleeping in the cot in the morning.