VIMALABEN MOTIRAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appellant - original accused in Sessions Case no. 145 of 1992 was charged and tried by the learned Additional Sessions judge, Jamnagar, for the offence punishable under Section 302 of Indian penal Code (for short "ipc" ).

(2.) THE facts of the prosecution case is that the complainant deceased Lilaben, wife of Ramchand Shravan, was staying with her husband and four children since last 8 to 10 years from the date of incident. On the date of incident i. e. on 21. 6. 1992 when she was, along with her two daughters, at home the wife of Motiramani and the wife of madawala Ghanshyam, who were neighbours of the deceased -complainant, called the complainant - deceased as witch ("dakan" ). Thereupon the complainant told them as to why they are telling her as "witch" and thereupon hot discussion took place between them. Thereafter, wife of Motiramani, present appellant - accused poured the kerosene on the complainant and was set ablaze her. The complainant fell down on the earth and at that time the daughters of the complainant and other neighbourers gathered there. Thereafter her husband and niece of the complainant took her to the hospital in a rickshaw. At that time the complainant was fully conscious and she lodged complainant in the hospital in presence of P. S. I, of Udhna Police Station at 14. 30 hours. Below the said complaint the complainant has put her thumb impression. The husband of the complainant had also signed to identify the thumb impression of complainant below it. The investigation was carried out by p. S. I. , Udhna Police Station. P. S. I, also sent the Yadi to the Executive magistrate requesting him to record the Dying Declaration of the deceased- complainant. Thereafter, the Executive Magistrate came and recorded, the dying declaration of deceased complainant. Thereafter, the complainant expired and therefore Section 302 of I. P. Code was added by the Police. The Investigating Officer prepared the Inquest Panchnama, panchnama of dead body of deceased and the panchnama of scene of offence were drawn. The accused was arrested and the Muddamal was seized. Post mortem Note was prepared by the Medical Officer. The Medical Certificate and the Post Mortem Note, showing the cause of death, was obtained from the Medical Officer. During the investigation the Investigating officer has recorded the statement of witnesses, map of scene of offence was also prepared. Thereafter, after completion of investigation, the Police filed charge-sheet against the accused in the Court of learned Chief Judicial Magistrate, Surat.

(3.) AFTER filing the charge-sheet, in the present case, as the offence was exclusively triable by the Court of Sessions, the learned Judicial magistrate First Class, Surat, committed the said case to the Court of Sessions at Surat.