MUKESHBHAI BACHUBHAI SANGADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of a judgement dated 23.04.2012 rendered by the learned Additional Sessions Judge, Dahod, in Sessions Case No. 186 of 2011.

(2.) Briefly stated, the prosecution version was that deceased Gangaben lived with her husband Mukeshbhai, accused No.1 and other family members which included Mukeshbhai's mother Sumliben, accused No.2 and second wife, Dakshaben, accused No.3. On the date of the incident, i.e. 17.06.2011 there was a quarrel between Gangaben and her husband. The other two accused also joined the husband. Later, in the afternoon, when Gangaben was sleeping in the house with her daughter, accused No.1 poured kerosene over her and instigated and encouraged by the other two accused to set Gangaben on fire. The flames engulfed Gangaben and her minor daughter and killed both of them. These accused were therefore charged with offence punishable under section 302 read with section 114 of IPC.

(3.) The learned Additional Sessions Judge, by the impugned judgement, convicted accused No.1, Mukeshbhai for the offence of murder and sentenced him to life imprisonment. This was primarily on the basis of the two dying declarations which, the deceased had given. The Trial Court did believe that accused Nos. 2 and 3 had instigated accused No.1 in committing the act. However, holding that they had merely instigated or abetted the accused No.1 and further noticing that both were lady accused and the accused No.3 had the responsibility of minor children, the learned Judge took, what he described as, a lenient view and acquitted them. Relevant observations in this regard read as under: