PRAHLADBHAI BABARBHAI THAKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, who was original accused in Sessions Case No. 240/2002, came to be convicted by the learned Presiding Officer, Fast Track Court, Nadiad, on 29. 11. 2003, for the offence of committing murder of one Sonalben Shanabhai Thakore, punishable under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment and to pay a fine of Rs. 500/-, and in default of payment of fine, R. I for three months. Benefit of set off was ordered to be given to the appellant.

(2.) THE prosecution case, in nutshell, is that deceased Sonalben Shanabhai happened to be the wife of the younger brother of the appellant. There was some dispute about payment of electricity bill. It is alleged that on 17. 7. 2002, the appellant poured kerosene on the body of Sonalben and set her on fire in her house situated at Mahemdavad, District : Kheda. Sonalben was immediately removed to the hospital of Dr. Naishadh Bhatt. She was given initial treatment about the burns. It is alleged that before Dr. Naishadh Bhatt, Sonalben stated that she was ablazed by her husband's elder brother Tinaji, which is the alias name of the appellant. Dr. Bhatt passed on telephonic message to Mahemdavad Police Station, which was received by PSO Kiritkumar Keshablal, who made entry to that effect in the relevant register. Sonalben was subsequently removed to Ahmedabad Civil Hospital on the same day. However, she succumbed to her burn-injuries. The telephonic message (Exh. 35) received from Dr. Bhatt was treated as FIR and investigation was commenced. After collecting the required material for the purpose of lodgment of charge sheet, charge sheet came to be filed in the Court of learned J. M. F. C. Mahemdavad. Since the offence was exclusively triable by the Court of Sessions, the learned J. M. F. C. Mahemdavad committed the case to the Court of Sessions, Kheda at Nadiad and Sessions Case No. 240/2002 came to be registered.

(3.) THE learned trial Judge framed charge against the appellant at Exh. 5 for the offence punishable under Section 302 IPC, to which the appellant did not plead guilty and claimed to be tried. The prosecution adduced its oral and documentary evidence. After completion of the oral evidence, the learned trial Judge recorded further statement of the appellant under Section 313 of the Code of Criminal Procedure, and he denied generally all the allegations levelled against him by the prosecution and stated that he was falsely implicated in this case. After evaluating the evidence on record and the submissions made on behalf of both the sides, the learned trial Judge came to the conclusion that the prosecution successfully proved the involvement of the appellant in this offence and that the prosecution proved its case beyond any reasonable doubt against the appellant, and recorded conviction of the appellant for the offence punishable under Section 302 IPC and awarded sentence, as hereinabove referred to in this judgment.