RAMFAL @ GAYALAL KAMTA YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals have been filed by three accused challenging the judgment and order dated 25.9.2012 rendered by learned 6th Additional Sessions Judge, Surat. By the said judgment, the learned Judge convicted the appellants accused for offences punishable under sections 302, 452, 342 and 114 of the IPC and sentenced to undergo life imprisonment.

(2.) The first informant, the victim himself, who died due to severe burn injuries had lodged the First Information Report. Keshav Prasad Shivprasad, the first informant, who lodged the FIR stated that on 14.1.2008, in the afternoon around 1, when he was at home cooking, the three accused i.e. Prabhu Tulsiram Gaud, Rameshwar Bhaurabhai Mustari and Ramfal @ Gayalal Kamta Yadav entered his house reprimanding him for an incident of 12.1.2008 wherein the complainant had objected the three accused who were abusing one Lilavatiben. The three accused had for the said incident, started abusing Keshav Prasad. The accused no.1 Ramfal @ Gayalal Kamta Yadav poured kerosene over Keshav Prasad and accused no. 2 and 3 caught hold of him. They poured kerosene over him, lit a matchstick and burnt him. They locked the door from outside and left the premises. The first informant shouted for help, pushed opened the door on his own and ran out. The neighbours doused the flames. According to the victim, the argument that occurred on 12.1.2008 between the accused and the victim resulted into the accused carrying out the offending act of putting him on fire. The First Information Report further reveals that after the incident when he ran out, he went to Pandesara police station. He collapsed outside the police station and, thereafter, was subsequently shifted to Civil hospital for treatment.

(3.) Lilavati Ratiram Yadav, Prosecution Witness No.18, is examined at exh.74. She turned hostile. However, on perusal of her testimony in examinationinchief, it is revealed that precursor to the incident of 14.1.2008 of burning of the first informant, was an incident of 12.1.2008. On that date when she was outside her house, the three accused had abused her. As is evident from the contents of the FIR, the motive behind putting the victim on fire at the hands of the accused was revealed from the testimony of this witness.