INDUBHA CHHATRASINH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant convict has preferred this appeal under section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Banaskantha at Palanpur on 11. 5. 1999 in Sessions Case No. 53 of 1998 convicting him for the offence punishable under section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 5000/- in default thereof to undergo rigorous imprisonment for one year.

(2.) ACCORDING to the prosecution case, the accused was married to deceased Vasantba before about six years of the incident. The accused was in habit of consuming liquor which the deceased did not like, therefore, there used to be quarrel between the accused and the deceased. On 15. 11. 2007 at about 8:00 p. m. , the accused poured kerosene over deceased Vasant and ignited match stick and set her on fire. Kankuba who extinguished the fire also sustained burn injuries. Thereafter, Vasantba was taken to Government hospital for treatment, where she succumbed to her injuries.

(3.) ON the basis of the first information report lodged by Ishubha the brother of the deceased, offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed against the accused for the offence punishable under sections 302 and 307 of the Indian Penal Code. As the offence was triable by Sessions Court, the case was committed to the City Sessions Court and it was registered as Sessions Case No. 53 of 1998. The learned Additional Sessions Judge framed charge Exh-2 for the aforesaid offence against the accused. The accused denied having committed the offence and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the incriminating circumstances appearing in the evidence against the accused were explained to him. The accused in his further statement recorded under section 313 of the Code of Criminal Procedure, 1973, stated that he is innocent. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the Court convicted the accused for the offence punishable under section 302 of the Indian Penal Code and sentenced him as mentioned herienebefore, but acquitted him for the offence punishable under section 307 of the Indian Penal Code. Being aggrieved by the said decision, the accused has preferred this appeal.