RAMESHKUMAR MORAJI MARWADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant-original accused by this appeal has challenged the order of conviction dated 17/05/1988 under S. 302 of the Indian Penal Code whereby he is sentenced to rigorous imprisonment for life by the learned Addl. Sessions Judge, Court No. 10, Ahmedabad in Sessions Case No. 279/87.

(2.) The facts leading to the prosecution of the appellant (hereinafter referred to as the accused) are as under : The accused is the brother of Shantaben Sugnaji wd/o deceased Sugnaji Bhagirathji, Because of some matrimonial disputes between the deceased and Shantaben. Shantaben had left the matrimonial house and started to reside with her mother and brothers at the second floor, Block No. 11, Municipal Slum Quarters, Gomtipur, Ahmedabad. In the early morning of 28/10/1987 may be at about 0.30 hours the deceased appears to have gone to the second floor of Gomtipur, Municipal Slum Quarters, Ahmedabad where his wife was residing with her mother and brothers. There it appears that at the terrace the deceased was burning and in that very condition he came down the stairs, fell down and rolled to the second floor. He was also injured on the left side above the eye and was bleeding. He was totally burnt. Because of hue and cry members of the locality called for ambulance and deceased was removed to Shardaben Hospital and it appears that he reached there at about 1-30 a.m. He was then taken to the Emergency Ward from where he was removed to the Burns Ward. Dr. Mayur Mehta in the course of treatment inquired about the history of injury and he was informed by the deceased that when he had gone to his brother-in-law (Rameshbhai's) house he was burnt by him by pouring kerosene when he was going to meet his wife. In view of the history stated by the victim the Police Constable on duty in the hospital was called. Thereafter the Police Constable on duty at the hospital came and also recorded statement. The deceased had stated before him that he is burnt by his brother-in-law-Rameshbhai by pouring kerosene. He is burnt on the terrace of the third floor. The Police Constable accordingly made an entry in the Vardi book and communicated the same to the concerned Police Station. Based on this information offence was registered and investigation was carried out. On completion of the investigation, the accused was charge-sheeted. The accused pleaded not guilty to the charge and was tried. Learned Addl. Sessions Judge, Ahmedabad after hearing the parties, on completion of the prosecution evidence, held the accused guilty of the offence under S. 302, IPC and awarded sentence of rigorous imprisonment for life. Against that judgment and order of 17/05/1988, the present appeal is preferred.

(3.) Before the trial Court all the witnesses except Police and Doctor have turned hostile. The prosecution was left with Dying Declarations and medical evidence and the learned Addl. Sessions Judge accepted the said evidence and held the accused guilty of the offences for which he was charged.