RAM TEJMAL TEKVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT Appeal is preferred by the appellant under Section 374 of the Code of Criminal Procedure, 1973, against the judgment and order delivered by learned Additional Sessions Judge, City Sessions Court No. 10 at Ahmedabad, on 18th of August, 1999, in Sessions Case No. 27 of 1999, whereby the present appellant, being accused of the said Sessions Case, came to be convicted by the Trial Court for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment and to pay fine of Rs. 500/-, in default, to undergo one month rigorous imprisonment.

(2.) THE present appellant faced trial for the offences punishable under Sections 302 and 498 (A) of the Indian Penal Code. Learned Trial Judge was pleased to acquit the appellant as the prosecution has failed to prove charge against him under Section 498 (A) of the Indian Penal Code and there is no appeal against the order of acquittal.

(3.) AS per the brief facts of the prosecution case, the present appellant married deceased Minaben alias Anita before two years of the incident. During these two years, deceased, according to prosecution case, was subjected to cruelty by the appellant and the appellant was in habit of taking liquor and harassed deceased. The deceased was elder than appellant in age which was not liked by the appellant and the appellant had some doubts about the conduct of the deceased. On 5th of December, 1998, at about 6. 45 p. m. , appellant came to the house in which both the husband and wife were residing and the appellant was under the influence of liquor. The deceased was doing her sewing work in the house. The appellant started taunting that the deceased was elder to him and that she was not liked by him and also threatened her not to go out of the house. He was excited and took out a tin of kerosene which he poured upon the deceased and set her to ablaze. The deceased started shouting and, therefore, neighbours came there and the deceased Minaben was shifted to the Civil Hospital, Ahmedabad. She was admitted in the causality ward. Dr. Rajendrakumar Joshi, PW-11, noted the case history given by the patient that she was burnt by her husband and treatment was started. PW-6 Gautamkumar Maganlal, Head Constable, Sardarnagar Police Station, Ahmedabad, examined at Exhibit-18, was on duty at Civil Hospital and Dr. Rajendrakumar Joshi informed him and, therefore, he noted the Vardhi in writing, which is produced at Exhibit-19. In this Vardhi, Gautamkumar noted that Doctor informed him that Minaben was admitted in the hospital with burn injuries and according to case papers, she conveyed that her husband was harassing her, taking liquor and after pouring kerosene over her, set her to ablaze. Gautamkumar also informed Sardarnagar Police Station where PW-7 Mohbatsinh Govindsinh was in-charge of police station and he also noted the Vardhi as given by Police Constable Gautamkumar, which he produced at Exhibit-21. From this Vardhi, PW-8 Dhanjibhai Badaji Bodat, PSI of Sardarnagar Police Station, at about 20. 15 hours with his Writer Constable, visited Civil Hospital. He met with the Doctor and wrote a Yadi to the Executive Magistrate. In pursuance of the said Yadi of PW-8 Dhanjibhai Badaji Bodat, PW-2 Sureshchandra Vasudev who was in Civil Hospital for recording of some other dying declaration, went to record the dying declaration of Minaben. PW-2 Sureshchandra Vasudev, Executive Magistrate received police yadi at 22. 10 hours. He inquired from Minaben about the incident. He found that the patient was conscious and requested all other persons in the ward to go out and started recording dying declaration at 22. 15 hours in question answer forms. The dying declaration was completed at 22. 30 hours wherein also the deceased stated that her husband appellant, under the influence of liquor, had beaten her and had poured kerosene from the tin. She was seriously injured on the face, hands, etc and she had 90% burns. Thereafter, PW-8 Dhanjibhai Badaji Bodat recorded the complaint of deceased Minaben, which is produced at Exhibit-24 wherein also deceased stated that her husband present appellant was in habit of taking liquor and was harassing her. On the day of the incident it was Sunday and it was leave for the appellant and while she was doing some sewing work, her husband came in the house and in the influence of liquor, started saying that she was elder than him and she was not liked by him. He doubted her conduct and thereafter took out a tin of kerosene, poured over her and ignited with match stick. A crime came to be registered upon this complaint and the complaint came to be recorded before 23. 00 hours because in police station the crime was declared at 23. 00 hours. Investigation was handed over to PW-9 Jayantilal Vachhani, who was PSI of Sardarnagar Police Station. He recorded the statement of witnesses and draw the panchnama of the scene of offence on 7th of December, 1998. The scene of offence was also visited by Officer of Forensic Since Laboratory and he had prepared report which he produced at Exhibits 30 and 31. In the meantime, on 7th of December, 1998, at 13. 45 hours, Minaben died and, therefore, the offence was registered under Sections 302 and 498 (A) of the Indian Penal Code, which was initially registered under Sections 307 and 498 (A) of the Indian Penal Code. Inquest panchnama was done by PW-12 Executive Magistrate Savdhanji Vajaji Darbar and thereafter the postmortem of dead body was performed by PW-10 Dr. Jayantilal V Satapura of Civil Hospital at Ahmedabad. Muddamal was sent to Forensic Science Laboratory wherein clothes of the accused were found smelling of kerosene. Accused was arrested on 7th of December, 1998 and his clothes were seized and were sent to Forensic Science Laboratory.