AJITBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal preferred by the convict under Section 374 of the Criminal Procedure Code, 1973 against the judgment and order of conviction dated 14.8.2013 recorded by the learned 6th (Ad-hoc) Additional Sessions Judge, Surat, in Sessions Case No.5 of 2012.

(2.) Brief facts of the case are that complainant Sangitaben wife of Ajitbhai Dalpatbhai Rathod aged about 20 years gave a complaint on 12.6.2011 wherein she has mentioned that she had performed marriage with accused viz Ajitbhai Dalpatbhai Rathod and out of wedlock, she delivered a son namely, Manish. However, she left her husband's home and started residing at her mother's home with her infant. On 12.6.2011, at about 2:30 to 3:00 a.m., while she was sleeping, her husband came at her mother's home where she was presently residing and threw a cloth drenched in kerosene on her and set her as well as infant on fire, who was sleeping adjacent to her, in which, they sustained burn injuries and as a result of which, deceased-Sangitaben succumbed to her injuries on 16.5.2018. After due investigation, the police chargesheeted the accused for the offence punishable under Sections 307 and 302 of the Indian Penal Code.

(3.) In pursuance of the aforesaid complaint, the Police recorded statements of the witnesses and after completion of investigation filed a charge-sheet which came to be committed to the learned trial Court. After conclusion of trial and hearing, the learned trial Court held the appellant guilty for the offences punishable under Sections 302 of the IPC and convicted the appellant accused to undergo rigorous imprisonment of life and Rs.5,000/- fine and in default to pay fine to undergo rigorous imprisonment for three months and for offence under Section 307 of the Indian Penal Code to undergo rigorous imprisonment for the period of 10 years and fine of Rs.5,000/- and in default to pay fine to undergo rigorous imprisonment for three months. The sentence are ordered to run concurrently.