NARENDRA PALABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants were the accused before Sessions Court, Rajkot, at Gondal, in Sessions Case No. 42 of 2003. Appellant No. 1, Narendra Palabhai Makwana, happened be the husband of Ramaben and appellant No. 2, Kunverben, is his mother. They both were charged for offences punishable under Sections 306 and 498a read with Section 114 of the Indian Penal Code. Appellant 1 came to be convicted for the offence punishable under Section 306 read with Section 114 of the I. P. C. and was sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,000/-, in default, to undergo simple imprisonment for three months. He was also convicted for the offence punishable under Section 498a read with Section 114 of the I. P. C. and sentenced to rigorous imprisonment for three years and to pay a fine of Rs. 500/-, in default, to undergo simple imprisonment for 15 days. Accused No. 2, Kunverben, was convicted for the offence punishable under Section 306 read with section 114 of the I. P. C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default, to undergo simple imprisonment for three months. She was also convicted for the offence punishable under Section 498a read with Section 114 of the I. P. C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/-, in default, to undergo simple imprisonment for three months. All the sentences were ordered to run concurrently. The judgment was delivered on 30th December, 2004 by 4th Fast Track Court, Gondal.

(2.) THE facts of the case, in brief, are that on 12th January, 2003, Ramaben, deceased wife of appellant No. 1-Narendra suffered burns injuries at her home and succumbed thereto. She was taken to hospital at Upleta, where she gave a history that she had suffered burns while she was heating milk. She lodged an F. I. R. (Exhibit 51) before Police and, in that F. I. R. also, she gave the history that while she was heating milk for her son, Umesh, on Primus, she accidentally suffered burns injuries. She was then taken to Junagadh Hospital, where also she gave the history of accidental burns in the same manner. Her dying declaration was recorded by Executive Magistrate (Exhibit 58) and, in that dying declaration also, she gave the history that while she was heating milk on Primus, she suffered accidental burns as her sari caught fire. Later on, when her parents arrived, they disclosed to the police of the burns being homicidal and, at that time, she was alive and, therefore, it was indicated that an offence punishable under Section 307 is constituted. Later on, when she died, it would of course amount to an offence punishable under Section 302 of the Indian Penal Code. However, the police after investigation filed charge sheet in the Court of learned Judicial Magistrate, First Class, Upleta, for the offences punishable under Sections 498a, 306 and 114 of the Indian Penal Code.

(3.) WE have heard learned Advocate, Mr. Purohit, for the appellant and learned Additional Public Prosecutor, Mr. Bhatt, for the respondent-State. We have also examined the record and proceedings.