VINUBHAI ISHWARBHAI 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 appellants have 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. 258 of 2000, whereby, the appellants-original accused No. 1 and 2 have been ordered to undergo rigorous imprisonment of seven years and to pay fine of Rs. 1000/-; and in default thereof, to undergo three months simple imprisonment for an offence punishable under Section 304 Part II and Section 34 of the Indian Penal Code. All the sentences are ordered to run concurrently.

(2.) The facts, as emerging from the record are that, on 26th May 2000 at about 20.30 hours, when the deceased complainantGomtiben, wife of Jashbhai Manibhai Parmar, resident of village Palaj was present in her field located in the sim of village Jaspura, at that time, the accused persons; including deceased accusedPunjiben, wife of Ishvarbhai Parmar, resident of Parjanapar entered into the field on a tractor with a view to take away the wooden logs of fallen tree. When the said act of removing the wood from her field was resisted by the complainant-Gomtiben, out of the accused persons, who came on a tractor, accused No.2- Prakashbhai @ Arvindbhai Ishvarbhai Parmar took out a gallon of kerosene from the tractor and poured it over the body of the complainant and with the help of a matchstick set her ablaze, resulting into her death due to burn injuries and thereby, all the accused persons in connivance with each other formed an unlawful assembly and thereby have committed an offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

(3.) Based on this charge, the accused persons came to be arraigned for an offence afore-stated and came to be booked by the Police. All the requisite procedure for their arrest came to be complied with in accordance with case.