JOHN MANSING THAKUR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The accused-appellant was tried for charge of murder in Sessions Case No. 81 of 1987 before the learned Sessions Judge of Bulsar at Navsari. By judgment dated 29-8-1988 the learned trial Judge was pleased to hold the accusedappellant guilty and therefore, awarded rigorous imprisonment for life.

(2.) The case against the accused-appellant was that he had tried to commit rape of his step-daughter named Lila aged about 20 years and when he failed in his object, he threatened her with dire consequences if she were to reveal this attempt to anyone. She insisted that she will disclose this fact and that caused her life. Enraged by her insistence, the accused-appellant poured kerosene on her and put her to flame.

(3.) Complaint came to be given by the mother of the deceased Savitaben which is the case of the prosecution. However, before the trial Court, in course of deposition, she had chosen not to support the prosecution and therefore, her statements in form of F.I.R. was brought to her notice by way of confrontation and contradiction. One more witness, a neighbour has also not supported the prosecution, namely, witness Shailesh P.W. 3.