MANGABHAI RAVJIBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) One Rekhaben, daughter of Mangabhai Ravjibhai Makwana, sustained burns injuries on 12th April, 1997, at about 12-30 p.m. She was in the house when she sustained the injuries and upon people seeing smoke coming out of the house, door was opened and she was found to be burning. The fire was set out and she was taken to the hospital. At the hospital, she was given treatment by the doctor. The doctor informed the police and in turn the Executive Magistrate was summoned to record the dying declaration of Rekhaben. The police also recorded her complaint. Rekhaben implicated her father of setting her ablaze after pouring kerosene. The police, therefore, registered the offence against her father-Mangabhai Ravjibhai Makwana, who is the appellant before this Court. Rekhaben, ultimately, succumbed to the burns injuries and expired on (sic.).

(2.) After the investigation, the police found that there was ample material connecting the accused with the offence and the police, therefore, charge-sheeted the appellant-accused for murder of Rekhaben under Sec. 302 of Indian Penal Code. The case was committed to the Court of learned Sessions Judge at Bhavnagar Sessions Case No. 87 of 1997 was registered. The charge was framed against the accused. The accused pleaded not guilty and expressed his desire to face the trial. The learned Sessions Judge, after recording the evidence and considering the same, came to a conclusion that the prosecution was able to establish the guilt of the accused and passed the impugned judgment and order convicting the accused for murder of Rekhaben and sentenced him to undergo rigorous imprisonment for life.

(3.) By this appeal, the said judgment and order is assailed on various grounds stated in the memo of appeal.