HEMUBHAI SHAMJIBHAI LAKUM (DALWADI) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present appeal filed u/s.374 of Code of Criminal Procedure,1973, the appellant- original accused has challenged the judgement and order dated 29/05/2014 passed by learned Sessions Judge, Surendranagar in Sessions Case No.05/2014, by which, learned Sessions Judge has convicted the appellant original accused for the offence punishable u/s.498(A) as well as 306 of the Indian Penal Code.

(2.) Brief facts, arise from the record, are as under: That one Ranjanben aged about 38 years, wife of the present appellant, poured kerosene on herself and set ablaze at her matrimonial home on 30/10/2013 at about 17:00 hours. Having received burn injuries, she was immediately shifted to the Government Hospital. The Medical Officer informed the Wadhwan Police Station since history was given by the deceased about committing suicide.

(3.) Ms.Kruti Shah, learned advocate appearing for the appellant- original accused at the outset submitted that considering the dying declaration of the deceased and FIR lodged at her instance, she does not challenge the conviction recorded for the offence punishable under section 498(A) of the Indian Penal Code, however, she has requested to reduce sentence considering the various aspects like marriage span, having two children and the manner and method in which the incident has taken place.