RAMESHBHAI NARSINHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant on. Accused has been charged and tried for the offences punishable under Ss. 498-A, 404, 324, 342 and 302 of Indian Penal Code (for short "ipc") byrthe. learned Addl. Sessions judge, Jamnagar in Sessions Case No. 59/2000

(2.) THE facts of the prosecution case is that deceased complainant Hansaben married with Karsanbhai Shivabhai Koli, resident of Surendrariagar ten years prior to the incident and due to the kidney problem, her husband died and after the death of her husband, she came to Jamnagar with her son and daughter and was staying with her father Kana Virambhai at Shabarinagar, near Woolen Mill and working at udhyognagar in Brass-part factory. Due. to work, Hansaben came into contact with shantaben Narshibhai Koli who was a visitory of the factory. Shantaben told her that wife, of her son Ramesh has expired and he has two daughters and one son and because she was widow, Shantaben convinced her to marry with her son Ramesh. Prior to the incident before about one year, she. met Ramesh and without any ceremony, she has started living with Ramesh in his house and has handled his house. For about two months, Ramesh has kept her nicely and thereafter Ramesh started torturing her saying that she is keeping illicit relation with other persons and having a bad character, and he was not permitting her to go out and not giving money for maintenance of house, but for the sake of good future, of her children, she kept quiet.

(3.) ON 21. 2. 2000, at about 4. 00 pm, when she was standing outside her house, her husband Ramesh came there and brought her in the house and told her that "rand" you are waiting for your "bhadwa" and he sent all children outside and then he pulled out knife and two knife blows were given on the elbow and thereafter he confined her into the room and went away. Again he came, back and one bottle of kerosene was in the house, so he poured the kerosene on her body and lighted the. match stick and tried to kill her and thereafter, closed the house from outside and confined her in the house and went away. So, Hansaben shouted, therefore, her children called her brother inlaw kishor and at that time, her mother-in-law wife of her brother-in-law Nainaben and other neighbours came there and Kishor opened the door and extinguished the fire. Thereafter, she was brought to the hospital in a rickshaw by her mother-in-law and wife of brother-in-law. She was conscious and fit to speak and in a good mental condition. So, before P. I. of B-Diyisipn Police Station, jamnagar, she narrated the incident, so complaint was registered vide CR No. 1-96/2000 for the offence punishable, under Sec. 387 of IPC and yadi was sent to Police Station and statements of the witnesses were recorded. Panchnama of scene of offence was drawn and accused was arrested and panchnama of physical "condition was prepared and due to the death of Hansaben, offence punishable under Sec. 302 of IPC was added in the. complaint which was registered for the offences punishable under sec. 307, 324, 498-A. Prior to the death of hansaben, her dying declaration was recorded by Executive Magistrate and inquest panchnama was prepared and dead body was sent for autopsy. Muddamal and blood was sent to the FSL for scientific analysis and map of the. scene, of offence, medical certificate, P. M. Note and report of FSL were tagged with the investigation papers and I. 0. has filed the charge-sheet before the learned judicial Magistrate First Class, Jamnagar. Since the. alleged offence under Sec. 302, 307, 324, 498-A are exclusively triable by the Court of Sessions, learned Magistrate has committed the case to the Court of Sessions, jamnagar which was registered as sessions Case No. 59/2000 and then it was placed before the learned Addl. Sessions judge, Jamnagar who has framed the charge under Sec. 498-A, 504, 324, 342, 307 and 302 of IPC. The. appellant-accused has not pleaded guilty of the above charge and claimed to be tried.