AKSHAYBHAI TRIKAMBHAI DALVARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.Aamir S. Pathan, learned advocate appears for the original complainant and undertakes to file his Vakalatnama in the Registry. Registry is directed to accept his Vakalatnama. The compromise deed/settlement arrived at between the private parties i.e. complainant side and the appellant side is taken on record.

(2.) This appeal is filed under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Cr.P.C." for short) being aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 31.12.2016 passed by the learned 5th (Ad-hoc) Additional Sessions Judge,Gir-Somnath (Veraval) in Session Case No.34/2014, whereby the learned Trial Court convicted and sentenced the appellant accused as under:

(3.) The brief facts leading to the filing of the present case are that the complainant-Shobhnaben - wife of Hareshbhai filed a complaint inter alia stating that her marriage was solemnized with Hareshbhai before eight years and she was residing along with her husband. She had two children Shital and Vivek. It is also alleged in the complaint that her mother-in-law and father-in-law were residing separately from the complainant-deceased. On 06.07.2014 at about 10:00 hours in the morning, when she was at her husband's house, her husband went to village, at that time, her brother-in-law Akshay and mother-in-law Muktaben came there and started quarreling about keeping of cattle and also used abusive words. It is further alleged in the complaint that the complainant-deceased as well as her husband both quarreled with motherin- law Muktaben, father-in-law Trikambhai and brother-in-law Akshay and they beaten her. After some time, when her husband-Haresh came there, the complainant-deceased told him about the incident. It is alleged in the FIR that the complainant-deceased got frustrated and set herself on fire by pouring kerosene on her body, and thereby, she received burn injuries. It is further alleged in the FIR that when she shouted, her husband Hareshbhai came there, and thereafter brother-in-law Askahy also came there and broken the door and she was taken out in burning condition. It is further alleged that she was taken to hospital by Akshay and other family members. Initially, she was taken to Hospital of Kodinar where the primary treatment was given. Thereafter, she was taken to Veraval Government Hospital for further treatment. Therefore, on 06.07.2014, a complaint was lodged before Sutrapada Police Station against the accused for the alleged offences. Thereafter, on 12.07.2014, due to burn injuries, she died. On 14.07.2014, a report was submitted by the Investigating Officer to add Section 306 of the IPC.