MANHARBHAI C DHODIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 3.4.93 rendered by the learned Additional Sessions Judge, Surat in Sessions Case No.107 of 1991. The appellants were the original accused who were charged with offences punishable under section 498A as well as section 307 read with section 114 of the Indian Penal Code.

(2.) APPELLANT No.1, original accused No.1 is the husband of Narmadaben. Appellant No.2, original accused No.2 is the mother -in -law of Narmadaben. As per the prosecution, the appellants treated Narmadaben with cruelty. On 30th March 1991 at about 10 O' clock in the morning, pursuant to a quarrel, husband of Narmadaben poured kerosene on her and set her ablaze. She was, in an injured condition, carried to a hospital. Her dying declaration was recorded. However, she survived the incident. The learned Additional Sessions Judge convicted the appellants for offence punishable under section 498 -A of the Indian Penal Code and sentenced them to rigorous imprisonment for one year. Both the appellants were, however, acquitted of charges under section 307 read with section 114 of the Indian Penal Code.

(3.) PW -1, Dr.Mansuri was examined at Ex.7. She stated that Narmadaben was brought to Surat Markati hospital where he was working as a Medical Officer. She had multiple burn injuries on various parts of her body such as, neck, hand, back, thighs, etc. She, however, left the hospital on the same day against medical advise.