MUKESHBHAI BALUBHAI RAMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, who was original accused in Sessions Case No. 78 of 2001 came to be convicted by learned Additional Sessions Judge, Amreli by judgment and order dated 16. 8. 2003 for the commission of offences punishable under Sections 498a and 302 of Indian Penal Code ('ipc', for short ). The appellant was sentenced to undergo R. I for three years and fine of Rs. 500/- and in default of payment of fine, R. I for three months for the offence punishable under Section 498a of the IPC and imprisonment for life and fine of Rs. 2000/- and in default of payment of fine R. I for six months for the offence punishable under Section 302 of the IPC.

(2.) THE prosecution case in nutshell is that deceased Savitaben was the second wife of the appellant. The first wife of the appellant had expired and, therefore, the appellant remarried Savitaben. At the time when appellant remarried Savitaben, it was also the second marriage of Savitaben. However, her husband had died, but during her wedlock with her first husband, Bhavna was born. Therefore, the appellant remarried Savitaben, at that time, along with Savitaben, Bhavna also came to reside with the appellant. It is the case of the prosecution that Savitaben was ill-treated by the appellant, and she was meted out with physical and mental cruelty. It is the case of the prosecution that the incident occurred in the house of the appellant, situated at village Saladi, Taluka Liliya, District Amreli. The incident occurred on 2. 5. 2001, at about 14. 30 hours. It is alleged that at the time of incident, the appellant, his wife Savitaben and Bhavna were present in the house. Because of quarrel by the appellant with Savitaben, the appellant poured kerosene on the body of Savitaben and set her on fire. It is alleged that at that time, appellant himself also sustained burn injuries. Initially, Liliya police station recorded the occurrence as accidental death and commenced inquiry in connection with A. D. No. 4 of 2001. On the next day, i. e. on 3. 5. 2001, Bhavna daughter of Savitaben and step-daughter of the appellant lodged the first information report before PSI Liliya, and the offence came to be registered and the police commenced investigation. After collecting required material for the purpose of lodgment of chargesheet, chargesheet came to be filed in the Court of learned JMFC, Liliya. As the offence was exclusively triable by the Court of Sessions, learned JMFC committed the case to the Court of Sessions, Amreli, which was registered as Sessions Case No. 78 of 2001.

(3.) THE learned trial Judge framed charge at Exh. 2 against the appellant for the offence punishable under Sections 498a and 302 of the IPC, to which the appellant did not plead guilty and claimed to be tried. Therefore, the prosecution adduced its oral and documentary evidence. After the completion of the oral evidence led by the prosecution, the learned trial Judge recorded further statement of the appellant under Section 313 of the Cr. P. C. and the appellant denied generally all the allegations levelled against him by the prosecution. However, he filed a written statement in support of his further statement, wherein in brief, he stated that Savitaben accidentally sustained burn injuries or in the alternative, she committed the suicide, but, he has not committed the murder. About the incident, he explained that at the time of the incident, he was sleeping on a cot and Savitaben came out from the room, sustaining burn injuries and she fell on him and, therefore, he sustained burn injury on his right hand. After appreciating the evidence on record and considering 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 for the murder of his wife Savitaben and recorded conviction of the appellant for the offences punishable under Sections 498a and 302 of the IPC and awarded the sentence as hereinabove referred to in this judgment.