BHARATBHAI SHANKERBHAI PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 28th September, 1998 passed by learned Additional Sessions Judge, Court No.XVI, Ahmedabad in Sessions Case No.1 of 1998 whereby the appellant has been convicted for the offences punishable under sections 302 and 307 of the Indian Penal Code. For the offence under section 302 of the IPC, the appellant has been sentenced to imprisonment for life and a fine of Rs.1000/- and in default rigorous imprisonment for a period of one month and for the offence under section 307 of the IPC, he has been sentenced to undergo rigorous imprisonment for seven years and a fine of Rs.1000/- and in default to undergo further rigorous imprisonment for a period of one month.

(2.) The case of the prosecution as per the First Information Report and as unfolded during the trial is that on 3.8.1998 at about 17:30 hours, the complainant Smitaben (hereinafter referred to as "the deceased") who had been admitted in the Burns Ward of Shardaben Hospital, had lodged a complaint before the Police Inspector, Bapunagar Police Station, stating that she was residing with her husband and daughter Keta, aged nine years at Bapunagar in Ahmedabad. She had been married to the accused approximately ten years prior to the date of the incident and during the said period she had been subjected to untold harassment at the hands of her husband, but she had been tolerating the same. On 3.8.1997 at about 11:00 a.m., her husband came home in a drunken condition whereupon she asked him why he had consumed liquor and come. On her saying so, he gave her slap upon slap but she did not utter a word. At about 2 o'clock in the afternoon her husband told her to leave the house, whereupon she told him that she had called up her brother and he would come in the evening and she would go away then. Whereupon he was enraged. At that time she and her daughter were in the big room of their house, her husband came with a gallon tin filled with kerosene and sprinkled kerosene on her and her daughter Ketu and set them ablaze by lighting a match stick. Both she and her daughter were ablaze and started shouting whereupon their neighbours Sarojben and Alkeshbhai who lived in the house opposite to theirs, came running there and doused the fire by pouring water on them. Thereafter some neighbour fetched a rickshaw, whereupon she took her daughter and sat in the rickshaw and her husband also came and sat down beside her. The rickshaw-wala was asked to take them to Shardaben Hospital. However, her husband alighted from the rickshaw at Saraspur and she and her daughter went in the same rickshaw to Shardaben hospital where they were admitted in the Burns ward. The complainant and her daughter both were fully conscious. As per the say of the complainant her husband was not doing any work since about two and a half years and was habituated to drinking liquor. He would consume liquor everyday, and on her telling him not to drink liquor he would beat her up and harass her. On 3.8.97 also he had beaten her for the same reason and thereafter poured kerosene on her and her daughter and set them ablaze, as a result of which they had both sustained severe burn injuries. After recording the complaint, the same was forwarded to the P.S.O. Bapunagar Police Station where it was registered at Bapunagar Police Station I C.R. No.200 of 1997 for the offences punishable under section 307 and 498A of the Indian Penal Code.

(3.) Thereafter the Investigating Officer had recorded the statement of Keta and taken steps to seize the clothes worn by both the burn patients. Subsequently, an officer from the Forensic Science Laboratory had arrived at the scene of offence, whereupon in his presence scene of offence panchnama was drawn in the presence of panchas. Muddamal articles No.1 to 8 were recovered under instructions of the said officer and sealed in the presence of panchas. On 4.8.97 at 10:45 hours, the accused was arrested and panchnama of his physical condition was drawn and the clothes worn by him were seized in the presence of panchas. As the accused appeared to be intoxicated, separate proceedings were initiated in that regard. Subsequently on 7.8.97, the deceased succumbed to the injuries; hence the Investigating Officer had submitted a report to the Learned Chief Judicial Magistrate, for addition of Section 302 of the Indian Penal Code.