KARSANBHAI NARANBHAI KATARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of a judgment and order rendered by Sessions Court, Vadodara, on 20th January, 2005, in Sessions Case No. 137 of 1999, convicting the appellant for murder of his wife Usha alias Ichhaben, allegedly, committed by him on 17th March, 1998, by pouring kerosene on her and setting her ablaze. The Trial Court convicted the appellant for that offence under Section 302 of the Indian Penal Code (IPC) and sentenced him to undergo imprisonment for life with a fine of Rs. 5000/- and, in default, to further undergo simple imprisonment for thirty days. The Trial Court also convicted the appellant for the offence punishable under Section 135 of the Bombay Police Act and sentenced him to undergo simple imprisonment for four months with a fine of Rs. 500/- and, in default, to further undergo simple imprisonment for seven days. The sentences were ordered to run concurrently.

(2.) AS per the prosecution case, the appellant was staying with the deceased, Usha alias Ichhaben. Both the appellant and the deceased had earlier entered into wedlocks with their respective spouses. But, since a year or so prior to the incident, they were staying together as spouses after performing "haar Tora" in a temple. It is the case of the prosecution that the appellant was suspecting infidelity by deceased-Usha. On the day of incident, there was a quarrel between the two and the appellant intimidated the deceased with a Gupti, to which the deceased responded that she would rather commit suicide than getting murdered at his hands. There upon the appellant poured kerosene on the deceased and set her to fire and went away. The deceased ran out of the house, where she was rescued by one Dineshbhai and Dulabhai and taken to hospital. At the hospital, Dr. Ranjit Shantibhai Chaudhary examined her. The doctor, after recording history of the patient, gave her treatment. In the history given to the doctor, as recorded in the medical case papers, it is recorded that she gave history of alleged assault by Karsan, her husband, who had poured kerosene on her and put her to burn. It is also recorded by the doctor that the patient gave history that her husband burnt her by pouring kerosene. An information was given to the police personnel on duty, who, in turn, sent a Yadi to the Police Station, on the basis of which, P. S. I. came to the hospital, ascertained about the health of the victim and then wrote a Yadi to the Executive Magistrate for recording dying declaration. The P. S. I. , who had gone to the hospital, also recorded the victim's F. I. R. The Executive Magistrate arrived, ascertained the health of the declarant from the doctor besides he himself ascertaining the same and then recorded her dying declaration. The victim, however, expired on 18th March, 1998 at about 6. 30 A. M.

(3.) LEARNED Advocate, Mr. Brijesh Limbachiya, appearing for learned Advocate, Mr. Amin, for the appellant submitted that the prosecution has not adduced any direct evidence. However, the Trial Court has mainly relied on three dying declarations, one in the form of history recorded by the doctor, another in the form of dying declaration recorded by the Executive Magistrate and the third in the form of F. I. R. recorded by P. S. I. ,nizamkhan Aalamkhan Pathan.