CHANDUNBHA MAJBUTSINH JETHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Appellant - original accused in Sessions Case No.119 of 1997 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 deceased Purnaba was the wife of present appellant - accused. The appellant - accused and deceased Purnaba, along with their kids were staying at the chawl of Woolen Mill, at Jamnagar. The deceased married with the accused before 7 years from the date of incident. The appellant - accused was doing the business of filling the Soda Bottle. On 9.7.1997 at about 5.00 pm, the deceased was preparing the food and at that time her husband was present in the house. Thereafter he had gone out and after some time returned back after consuming liquor and asked deceased to give food. The deceased provided the food to the accused, however, the deceased threw the plate on deceased saying why she has prepared such type of food. Thereafter the deceased opened the cock of primous and poured the kerosene on the deceased and the stick from the match box was lighted and was thrown upon the deceased who was set ablaze and thereafter accused went out side the house. Due to burns the deceased shouted and on hearing the shouts the ladies from the neighbour - hood came and extinguished the fire by throwing matresses on her. Thereafter somebody called Majbutsinh, father in law of deceased. The deceased Purnaba explained the incident and thereafter the victim was shifted to Irvin Hospital for treatment in rickshaw by said Shri Majbutsinh. In the Hospital the victim narrated the incident to P.S.I. Shri S.M. Patel in the form of complaint. P.S.I. Shri Patel gave the said complaint to P.S.O. and the same was registered as CR No.511/97 for the offence punishable under Sections 307 I.P. Code. Thereafter as the victim succumbed to the said burn injuries, offence under Section 302 was registered against the accused. The investigation of the said case was handed over to Police Inspector Shri Amrutbhai Sendhaji. - I.O. who has drawn the panchnama of scene of offence and also recorded the statement of witnesses. Possession of Muddamal was also taken after drawing muddamal panchnama. Thereafter accused was arrested and sent to custody after drawing the panchnama. The dead body of deceased was sent for Post Mortem and Post Mortem Note was prepared. The Muddamal was sent to F.S.L., Junagadh, for necessary examination. Thereafter, after completion of investigation, the Police filed charge -sheet against the accused in the Court of learned Chief Judicial Magistrate, Jamnagar.

(3.) AFTER filing the charge -sheet, in the present case, as the offence was exclusively triable by the Court of Sessions, the learned Chief Judicial Magistrate, Jamnagar, committed the said case to the Court of Sessions at Vyara.