BABUBHAI ALJIBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at the instance of appellants - original accused, in an Appeal under Section 374 of the Code of Criminal Procedure and is directed against an judgment and order dated 12.10.2000 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), at Gandhinagar, in Sessions Case No.41 of 1998, by which learned Sessions Judge has convicted the appellants - accused and has ordered to undergo sentence of seven years rigorous imprisonment and to pay a fine of Rs.1000/- each, in default, to further undergo simple imprisonment for three months, for the offence punishable under Section 306 of the Indian Penal Code.

(2.) Brief case of the prosecution is that the complainant namely Punamben Baldevbhai, residing at Sarswatinagar, Chandkheda, Dist. Gandhinagar and serving as a Peon in Library Department of ONGC, lodged the complaint on 6.3.1998 against the accused persons before Adalaj Police Station stating that her elder sister namely Ranuka married with Rajubhai Khanabhai of Dholka, before seven years from the incident. It is the case of the prosecution that present appellants came to the house of complainant and told for not sending Renuka to her in-laws house. Even one of accused namely Vijaybhai, who was friend of appellant No.2 - Muljibhaihad raised objection against the engagement and marriage of said Renuka with said Rajubhai Khanabhai and therefore, Renuka was upset and therefore, said Renuka tried to commit suicide on two or three occasions. On 28.2.21998, the complainant went to market for taking vegetable and at that time, she heard shouting and therefore, she immediately came back to her house, where she found that her daughter Renuka set her at fire by pouring kerosene on her person, in the kitchen. Thereafter, the said Renuka was shifted to Civil Hospital, Ahmedabad and at that time, the accused Vijay ran away. During the course of medical treatment, said Renuka expired on 1.3.1998. Therefore, the complainant filed complaint against the accused including accused namely Vijay. The police registered the offence and arrested the accused and after due investigation charge-sheeted the accused for the aforesaid offences and case was committed before the Court of Sessions, where the accused pleaded not guilty to the charge and claimed to be tried.

(3.) The prosecution has also produced documentary evidence on record, which are as under: <FRM>JUDGEMENT_357_LAWS(GJH)3_2017_1.html</FRM>