PALUBEN VASHRAMBHAI BECHARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeals have been preferred by the appellants original accused against the judgment and order dated 13. 4. 2000 passed by the learned Sessions Judge, Junagadh in Sessions Case No. 83 of 1997.

(2.) THE present case which, on the face of it, proves the principle "a man may lie, but the circumstances never" as correct. The case of the prosecution coming from the complaint and the dying declaration given by the deceased is that he has illicit relations with one Paluben (accused No. 1) who also have illicit relation with one Salim (accused No. 2 ). It is the case of the prosecution that while he was sleeping in an awaken condition on a cot at Paluben's residence situated in Boardinvas, Pancheshwar, Junagadh both the accused have asked the deceased to marry Paluben and upon denying, both the accused persons have poured kerosene on him and ignited. The deceased, as per his complaint, in a burning condition left the house of accused No. 1 and caught a rickshaw and went to his home at Satyam Apartments, which is at a distance of 1 km and told the facts about the incident to all his family members. His family members, thereafter, removed the injured complainant in another rickshaw to the hospital. At 12. 30 AM (midnight) his complaint was recorded by the Police Officer, which was completed at 1 AM. Thereafter, immediately his dying declaration was recorded by the Executive Magistrate. In his complaint and in his dying declaration he has implicated both the accused as the persons who have caused him burn injuries at the residence of accused No. 1. Subsequently, he succumbed to the injuries.

(3.) HAVING regard to the evidence recorded before the learned Sessions Judge it comes on record that the statements of neighbours of accused No. 1 were recorded by the Investigating Officer, but nobody is examined in the present case to substantiate the theory of the incident having taken placed at Paluben's residence. After the complaint is filed at 3 AM (midnight) the police went to Paluben's residence and she was found present there. Her conduct subsequent to the incident is consistent with her innocence. The police thereafter took Paluben to the police station after locking her house and key of the lock was given to her. From the police station she was sent to judicial custody. Surprisingly, thereafter, on the next day morning at 9. 45 AM the police again went to the residence of Paluben with the officer of FSL and draws the earth sample where allegedly kerosene stains were there and draws the sample of "pati", which is used to tie the cot. A control sample of floor was also taken. It is to be noted that in the report of the FSL both the samples along with control sample so taken shows the absence of hydrocarbon particles (kerosene ).