JASHBHAI MANIBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this Appeal under Section 374 of the Code of Criminal Procedure, 1973 ["CrPC" for brevity]. The appellant has challenged the judgment and order dated 05.09.2001 passed by learned Second Joint District Judge and Additional Sessions Judge, Nadiad in Sessions Case No. 259 of 2000, whereby, the appellant-original accused has been ordered to undergo rigorous imprisonment of seven years and pay fine of Rs. 1000/-; and in default thereof, to undergo three months simple imprisonment for an offence punishable under Section 304 Part II of the Indian Penal Code and Section 135 of the Bombay Police Act. All the sentences are ordered to run concurrently.

(2.) The facts, as emerging from the record are that on 26.05.2000, at about 8.30, when the complainant and others were passing through the field of accused persons for offering prayer, at that time, scuffle took place between the complainant Punjiben and Gomtiben on the issue as to who cut the standing trees and in such scuffle, the accused and Gomtiben Parmar poured kerosene on Punjiben and set her on fire. Puniben passed away during the course of her medical treatment and in this regard, a complaint came to be lodged before Petlad Town Police Station.

(3.) In the Sessions case, upon production of the accused and ascertaining from him as to whether he had received copy of the case papers, he replied in the affirmative and thereafter, charge was framed against the accused which was read over and explained to him, wherein, he did not plead guilty and claimed to be tried. Accordingly, the prosecution laid oral as well as documentary evidence. In the trial held, below mentioned witnesses were examined by the prosecution, as enlisted hereunder: