BHARAT KUMAR TRIBHOVANDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of filing this appeal under Sec. 374(2) of the Code of Civil Procedure, 1973 ('Code' for short), the appellant has challenged the judgment and order dated April 6, 1995, rendered by the learned Additional Sessions Judge, Kheda, Camp at Anand, in Sessions Case No. 242 of 1992, whereby the appellant came to be convicted for the offences punishable under Sections 306, 498-A, and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment of five years and fine of Rs. 500.00, in default R.I. for 15 days for the offence under Sec. 306; R.I. for two years and fine of Rs. 500.00, in default R.I. for 15 days for the offence under Sec. 498-A; and sentence for 15 days and fine of Rs. 100.00, in default R.I. for 7 days for the offence under Sec. 323 of the Indian Penal Code.

(2.) Briefly stated, the prosecution case is that the appellant married Monaben (since deceased) on Feb. 8, 1985, As per the prosecution case, the appellant was treating the deceased with cruelty and used to beat her. It is also further alleged that the appellant was suspecting the character of the deceased arid therefore, the deceased used to remain under the constant torture. It is further the prosecution case that on Oct. 1, 1992, the appellant treated the deceased with cruelty and beaten her. On the same day, at about 8 p.m. the appellant again raised doubts about the character of the deceased and caused injury on her, as a result of which, the deceased poured kerosene on her body and set her body ablaze. The appellant, thereafter, tried to rescue the deceased and in that process, the appellant also sustained bum injuries. Both, the appellant and the deceased, were taken to the Anand General Hospital, where both were admitted as "indoor patients'. The Police Officer, who was on duty at the General Hospital, Anand, sent a yadi to Anand Town Police Station about the bum injuries sustained by two persons, which was received by the Police Sub-Inspector, Mr. K.M. Polara, PSI Mr. Polara, immediately came to the hospital and recorded complaint of the deceased Monaben. PSI, Mr. Polara/ sent yadi to the Executive Magistrate, Mr. Patanwadia to record statement of the deceased. Executive Magistrate Mr. Patanwadia, recorded the statement, which has become dying declaration of the deceased. The statement of the appellant was also recorded by the Executive Magistrate in the Anand General Hospital. The deceased, Monaben, succumbed to the burn injuries around 1.40 a.m. After death of Monaben, PSI, Mr. Polara, lodged complaint against the appellant at Anand Police Station. The investigation of the offence was handed over to PSI, Mr. Polara, who held inquest on the dead body of the deceased. PSI, Mr. Polara, drew panchanama of the place of occurrence and recovered incriminating articles. After death of Monaben, her father Shantilal, mother Labhuben, brother Jairaj and sister Damini had come from Ahmedabad to the Anand General Hospital. PSI, Mr. Polara recorded their statements on Oct. 2,1990. When the appellant was discharged from the hospital, he was arrested. PSI, Mr. Polara, also recorded statement of the office bearer of Shree Kanta Narivikas Gruh, Rajkot, and collected various documents from that Institution. After receipt of post-mortem report and the report of the Forensic Science Laboratory, and at the conclusion of the investigation, PSI, Mr. Polara submitted charge-sheet against the appellant in the Court of the learned Judicial Magistrate, First Class, at Anand, which was registered as Criminal Case No. 242 of 1992. As the offence punishable under Sec. 306 was exclusively triable by the Sessions Court, the case was committed to the Sessions Court for trial.

(3.) Charge, Exh. 3 was framed against the appellant for the offences punishable under Sections 306, 398, 323 of the Indian Penal Code. The charge was read over and explained to the appellant. The appellant pleaded not guilty to the charge and claimed to be tried.