VINODKUMAR BADERBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has assailed the judgment of the Ld. Addl. Sessions Judge, Sabarkantha, at Himmatnagar, dated 23-3-92, convicting him for offence under Sections 302 and 498-A, IPC and sentencing him to imprisonment for life for the offence under Section 302, IPC and to pay fine of Rs. 200/- and in default to undergo Rigorous Imprisonment for 10 days under Section 302, IPC and Rigorous Imprisonment for one year and to pay fine of Rs. 100.00 in default to undergo Rigorous Imprisonment for seven days for the offence punishable under Section 498-A, IPC with a direction that substantive sentences and imprisonments shall run, concurrently, by filing this appeal under Section 374, Cr. P.C., 1973.

(2.) Few material facts giving rise to this appeal may be, stated, at the outset.

(3.) In short, the prosecution case is that on 7-4-1991, at about 2.30, early morning, the appellant who is the husband of the deceased Bai Sharda, the mother-in-law and the brother-in-law put her on fire. The kerosene was poured on the person of Bai Sharda and the appellant with the help of match-stick put her on fire. The motive is, also, ascribed for the commission of crime of bride-burning to the appellant-original, who is hereinafter, referred to, as "the accused No. 1" for the sake of convenience and brevity, who did not like his wife and the sisters of deceased-Bai Sharda were not permitted to go to the matrimonial house of Girish, the brother of deceased Sharda. In short both the parties are related to the sister of accused-Neeru who was engaged to Girish, the brother of deceased Sharda who was not calling to the sister of accused No. 1-husband. The accused party was interested thus in causing cruelty and torture to the deceased.