DIPAKKUMAR KANTILAL THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Dipakkumar Kantilal Thakkar has preferred the present appeal against the judgment delivered by the Additional Sessions Judge of City Civil and Sessions Court, Ahmedabad in Sessions Case No. 183/88 on 30-1-89 by which he has held the appellant guilty of the offence under Section 302 IPC and sentenced him to suffer R. I. for life.

(2.) Deceased Shilpaben is the wife of the present appellant. Her marriage with the present appellant was solemnised about 9 months prior to the date of the incident which took place on 11-2-88 at about 8 p.m. It is the case of prosecution that the appellant was in the habit of drinking and when the appellant and the deceased Shilpaben were living in the joint family consisting of the appellant, appellant's brother, brother's wife as well as his mother-original accused No. 2 and the appellant used to torture and harass Shilpaben by making dowry demands. Thereafter there was intervention by the parents of Shilpaben and elder brother of present appellant by name Raghu and thereafter Shilpaben and appellant started living separately from the said members of the family. But even thereafter there was no improvement in the conduct of the present appellant. He continued to return everyday under the influence of drink. It is further the case of the prosecution that on 11-2-88 present appellant returned at about 7.00 p.m. and at that time he was also drunk. After he returned home, Shilpaben questioned him as to why he had returned home after consuming liquor and therefore, there was some exchange of words between the two. Thereafter the accused-appellant closed the door from inside of their room. He also closed the windows of the room and then he physically assaulted Shilpaben and took kerosene from the stove and sprinkled the same on her person and then set fire to her. The flames and light of the fire was witnessed by prosecution witness Maheshkumar son of the landlord and he and other neighbours knocked the door. Thereafter the accused appellant opened the said door and at that time they found her in flames. They poured water on her. Some quilts were also thrown on her and the fire was extinguished. At that time accused had also joined in extinguishing the fire. Shilpaben was removed to the Civil Hospital, Ahmedabad and the police were informed. The police then arranged for recording the dying declaration. Accordingly P.W. 2-Yahoshwa William, Executive Magistrate went to the Civil Hospital and recorded her dying declaration. In her dying declaration she told that her husband had returned home in the evening under the influence of liquor and therefore, she questioned him and when she questioned him about the same, he became aggressive. He thereafter closed the door of the room and then assaulted her arid sprinkled kerosene on her person from the stove which was lying nearby and then set fire to her.

(3.) Thereafter the Police Officer Devjibhai Kanibhai Bava wept to the Civil Hospital and recorded her statement and that statement of her was treated as the FIR. Shilpaben had succumbed to the burn injuries sustained in the said fire and met with the death on 13-2-88.