BHALABHAI RAIYJIBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, who is convicted under Section 302 of the Indian Penal Code [sipc for short] and sentenced to suffer life imprisonment and to pay fine of Rs. 2,000=00, in default R. I. for six months, has filed this appeal under Section 374 of the Code of Criminal Procedure, 1973.

(2.) MADHUBEN Bhalabhai, wife of the appellant, lodged First Information Report with Aanklav Police Station on 15. 02. 1999 alleging that before about eight years of the incident, she was married to the appellant; that she has no issue out of the marriage; that since last four years her husband-appellant was treating her with cruelty and on the previous day at about 6. 30 in the evening, the appellant said that he did not want her and set her on fire by pouring kerosene over her and igniting match-stick; that her mother-in-law Gajraben extinguished the fire.

(3.) ON the basis of the First Information Report, an offence under Sections 498a and 307 IPC was registered as I-C. R. No. 21 of 1999 by Aanklav Police Station and investigation was started. During the course of treatment, Madhuben died and, therefore, Section 302 of the IPC was added. On completion of the investigation, charge sheet for the offence punishable under Sections 498a and 302 IPC was filed against the accused in Borsad Court. As the offence was triable by Court of Sessions, the case was committed to Sessions Court and it was registered as Sessions Case No. 144 of 1999.