HARIBHAI MANGALBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The judgment and order dated 09.09.2010 of conviction and sentence passed by the Special Judge, City Sessions Court No.7, Ahmedabad (hereinafter referred to as the "trial court") in Atrocity Criminal Case No.31 of 2006 is under challenge before this Court in the appeal filed by the appellant original accused under section 374 of the Code of Criminal Procedure, 1973 (herein after referred to as Cr.P.C). The trial court has convicted the appellant original accused for the offences punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and sentenced him to undergo life imprisonment and to pay a fine of Rs. 15, 000/, in default thereof, to undergo further simple imprisonment for a period of six months.

(2.) As Per The Case Of The Prosecution, Hasmukhbhai Khimjibhai Parmar, aged about 35 Years, was burnt alive on 09.04.2006 by the accused. On 09.04.2006 a complaint was lodged by Hasmukhbhai Kihimjibhai Parmar before Amraiwadi Police Station, Ahmedabad, stating that one person looking like policeman, who came on black color Hero Honda motorcycle in his chawl, poured kerosene, and set him on fire, as a result of which, he sustained severe burn injuries. The complainant later on succumbed to his burn injuries in the hospital on 10.04.2006.

(3.) The complainant in his complaint has stated that on 09.04.2006, at about 04.00 p.m., when he came to his house and after taking tea and water, he went on the road at Swastik Char Rasta, where his chawl is situated. At that time, at about 6 O'clock in the evening, one person resembling like a policeman, wearing simple clothes came on a Hero Honda motorcycle having an attached stick, to the house of one Nandaben Dalpatbhai Solanki (PW9), who was dealing in the business of country liquor, for collecting installment from her. The complainant asked the accused that in other places of Amraiwadi selling of such liquor has been stopped, why such business is continued in this area ? On such question being made, the person resembling to a policeman suddenly got enraged and slapped on the face of the complainant, as a result he fell down and was also assaulted over the abdomen and leg. Thereafter, the alleged person fetched out liquid like kerosene in a canister and sprinkled it on his body and set him ablaze by throwing a match stick after igniting a cigarette. He has further stated that the number of the motorcycle was not known to him, but the same was of black color. It is also stated by him that the person, who attacked was fat and was wearing a white shirt and black trouser. He has stated that he does not know the name, address etc. of the assailant. Thereafter, the complainant was taken to the L.G. Hospital for treatment where the complaint was filed by him.