KARIMBHAI MUSABHAI AAGVAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) EIGHT accused persons consisting of one family came to be tried by learned Additional Sessions Judge, Amreli in Sessions Case No. 105 of 1995 for the offences punishable under Sections 147, 148, 149, 498A and 302 of the Indian Penal Code ('IPC', for short) and at the end of the trial, the original accused Nos. 3,5,6,7 and 8 came to be convicted for the offences punishable under Sections 147, 148, 498A, 302 read with Section 149 of the IPC and each of them came to be sentenced to undergo life imprisonment and fine of Rs. 200/ - and in default of payment of fine, R.I for one month for the offence punishable under Section 302 r/w. Section 149 of the IPC and R.I for one year and fine of Rs. 500/ - and in default of payment of fine, R.I for three months for the offence punishable under Section 498A r/w. Section 149 of the IPC. No separate order of sentence for the offences punishable under Sections 147 and 148 of the IPC was passed. They challenged their conviction by preferring Criminal Appeal No. 766 of 2004.

(2.) THE original accused Nos. 1, 2 and 4 in the aforesaid case at the end of the trial came to be convicted for the offence punishable under Section 498A r/w. Section 149 of the IPC and each of them was sentenced to undergo R.I for one year and fine of Rs. 500/ - and in default of payment of fine, R.I for three months for the offence punishable under Section 498A r/w. Section 149 of the IPC. They were acquitted of the offence punishable under Section 302 r/w. Section 149 of the IPC. They challenged their conviction by preferring Criminal Appeal No. 654 of 2004.

(3.) THE prosecution case in nutshell is that deceased Raziyaben married original accused No. 1 Rahimbhai before about 15 years from the date of the incident. Original accused No. 2 Ganibhai Musabhai, original accused No. 3 Karimbhai Musabhai and original accused No. 4 Razakbhai Musabhai are brothers -in -law of Raziyaben. Original accused No. 5 Nurbaiben is mother -in -law. Original accused No. 6 Khatuben, original accused No. 7 Aminaben and original accused No. 8 Jahidaben are sisters -in -law of Raziyaben. They were residing in a house situated in the area of Khatriwad, Amreli. The incident occurred on dated 23.2.1995 at 15 hours in the house of deceased Raziyaben. It is alleged that accused Nos. 3,5 to 8 quarreled with deceased Raziyaben and the accused No. 6 Khatuben poured kerosene on Raziyaben and accused No. 3 Karimbhai set her to fire by matchstick. Raziyaben was immediately removed to hospital. Raziyaben lodged first information report before the hospital duty Police Officer, which came to be registered. During the course of investigation, Executive Magistrate recorded dying declaration of the deceased, statements of material witnesses were recorded, and necessary panchnamas were drawn in presence of panchas. On 8.3.1995, during treatment, Raziyaben succumbed to the injuries. After collecting required material for the purpose of lodgment of chargesheet, chargesheet came to be filed against all the 8 accused persons in the Court of learned JMFC, Amreli. Since the offence was exclusively triable by the Court of Sessions, learned JMFC, Amreli committed the case to the Court of Sessions, Amreli, which was numbered as Sessions Case No. 105 of 1995.