DINESHBHAI BRIJMOHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the Judgement and the order passed by the learned Sessions Judge in Sessions Case No. 366/02, whereby, the appellant -accused has been convicted for the offence under Section 302 as well as for the offence under Section 201 of the Indian Penal Code and has been sentenced for life imprisonment for the offence under Section 302 of the Indian Penal Code and sentenced for 3 years imprisonment with fine of Rs. 500/ - for the offence under Section 201 of Indian Penal Code.

(2.) AS per the prosecution, the accused -appellant initially on 18.10.2001, at about 9.30 AM, declared before the police that when the appellant had gone for leaving his daughter for the school in the morning and when he came back, he found that in the kitchen, his wife Dipika had burnt and she had died. He also stated that his wife was suffering from mental unsoundness and she was also given treatment for such purpose/He declared that in the morning, when she lit the gas stove, she appears to have received burn injuries. He stated tha Uhere is no dispute or any such incident with his wife Dipika. But, since his wife has expired due to accident, on account of putting fire on the gas, he has come for making declaration. Such was registered by the police under Section 174 of CrPC.

(3.) IT appears that thereafter, when the police found that there was smell of kerosene in the dead body, the accused -appellant changed the version and made a further declaration on the very day that she has died by sprinkling kerosene over her body and has committed suicide. After inquest panchnama, the dead body was sent for postmortem and the Doctor had withheld the final conclusion till the report of Histopathological examination of skin and neck was received. After having received the report of the Histopathological ex pert, the Doctor who performed postmortem opined that the cause of death is "asphyxia due to strangulation". The police on account of the aforesaid opinion of the ex pert, further inquired into the matter and as per the complainant, who is police officer, the accused -appellant confessed that on account of the dispute with his wife due to share of the property to his daughter Gayatri, who is the daughter of his former wife, he has caused death by strangulating the neck of the deceased and thereafter, has to put fire on the dead body of the deceased. Therefore, the complaint was filed by the police officer vide C.R. No. 56/02 with Dahod Police Station for the offence under Section 302 of IPC for causing death and offence under Section 201 of IPC for destroying the evidence, against the appellant -accused.