JAGDISHBHAI KANUBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - accused has preferred the present appeal under Section 374 of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 05.03.2014 passed by the 2nd Additional Sessions Judge, Ankleshwar, District Bharuch (hereinafter referred to as 'the Sessions Court') in Sessions Case No. 101 of 2013 (Old Sessions Case No. 32 of 2013), whereby the Sessions Court has convicted the appellant - accused for the offence punishable under Sections 302 of the Indian Penal Code, and sentenced him to undergo life imprisonment, and has acquitted the appellant for the offence punishable under Section 498-A of IPC.

(2.) The short facts giving rise to the present appeal are that the appellant - accused had allegedly married the complainant - deceased Mumtajben 22 years prior to the alleged incident. On the date of alleged incident i.e. 11.08.2012, the complainant was sleeping with the appellant on the same cot and her son was sleeping in the other room. In the midnight, at about 2:00 a.m., when the complainant was fast alseep, the appellant poured diesel on her body and set her ablaze. The complainant started screaming, and therefore, her son Mahendra came there and tried to extinguish the fire by pouring water. Thereafter, Mahendra called his aunt Savitaben and his grandmother Ambaben. Mumtazben then was taken to the Civil Hospital at Bharuch in the rickshaw of Pravin, who happened to be son of Savitaben. After the preliminary treatment at Bharuch Hospital, she was taken to S.S.G. Hospital, at Vadodara. In the hospital, the said Mumtajben gave complaint, which was registered as I-C.R. No. 47 of 2012 at Umalla Police Station for the offence under Section 307 and 498-A of IPC. Her dying declaration also came to be recorded by the Mamlatdar and Executive Magistrate. She died during the course of treatment on 27.08.2012. After her death, the offence under Section 302 of IPC was added in the complaint registered against the accused. The Investigating Officer after the completion of investigation and collecting sufficient evidence against the appellant - accused, submitted chargesheet in the Court of J.M.F.C., Jagadiya, whereby the case was registered as Criminal Case No. 1696 of 2012. After the committal of the said case to the Sessions Court, at Bharuch, the same was registered as Sessions Case No. 32 of 2013 and after the transfer of the said case to the Camp Court at Ankleshwaser, it was re-registered as Sessions Case No. 101 of 2013.

(3.) The Sessions Court had framed the charge against the accused at Exh. 5 for the offence under Section 302 and 498-A of IPC. The said charge was read over to the accused, however, he claimed to be tried. The prosecution for proving the charge against the accused, had led oral evidence by examining 18 witnesses, and adduced number of documentary evidence. After the completion of evidence by the prosecution, further statement of the accused was recorded under Section 313 of Cr.P.C., wherein he denied the allegations levelled against him, and further stated that he had never married the deceased Mumtajben, and that they were staying together without marriage. He had further stated that Mumtazben had earlier married with 2-3 persons and her second husband Ramesh, who was also a truck driver, used to keep illicit relationship with her, and therefore 2-3 days prior to the alleged incident, he had scolded Mumtajben. She therefore, having felt bad, had committed suicide. According to him, on the date of incident, he was not at home and he had gone out for his work as truck driver, and the relatives of deceased Mumtaj had given false complaint against him. The Sessions Court after appreciating the evidence on record, convicted and sentenced the appellant - accused, as stated herein above.