HARIVADAN AMBALAL BHATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT Appeal is directed under Section 374 of the Code of Criminal Procedure against the judgment and order rendered by Additional Sessions Judge and Fast Track Court, Modasa, on 26th of June, 2003, in Sessions Case No. 98 of 2002 and present appellant being accused of the said Sessions Case and was charged for the offences punishable under Sections 498-A and 302 of the Indian Penal Code, came to be convicted by the Trial Court for both the charges and was sentenced to undergo imprisonment of one year and to pay fine of Rs. 500/- in default to undergo simple imprisonment of three months for the offence punishable under Section 498-A of the Indian Penal Code and was also sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- in default to undergo simple imprisonment of three months for the offence punishable under Section 302 of the Indian Penal Code.

(2.) AS per the prosecution case, deceased in the incident is Sonalben and wife of the accused - appellant. The marriage between the two took place eight years before the incident and since the marriage Sonalben was staying with her husband at Pratapnagar, Vadodara. Thereafter, deceased Sonalben and accused, after three years of marriage, came to Modasa and started staying in a rented house of one Dilipbhai Panchal because accused was working as barber in one hair cutting saloon owned by one Harivadan Rajubhai Bhatiya. Out of this wedlock, they had two issues both are sons, named as Mehul, aged about 4 years and Keval, aged about 2 and half years at the time of incident. After the marriage, for about a year, married life was happy and thereafter the accused started harassing the deceased on account of suspicion as to the character of the deceased. Sonalben used to revert to her parents house and was conveying her plight to them. On 26th of May, 2002, deceased had been to her father's house and conveyed that on 21st of May, 2002, she had been to Rampark Society because there was wedding at the house of Vinubhai and when she went in the house of Vinubhai for changing clothes, the accused doubted her character and started beating her and executed cruelty. Vinubhai was relative of Sonalben. She was persuaded by her father and was sent to her in-laws house on 27th of May, 2002. On the day of the incident, according to prosecution case, on account of the quarrel, when Sonalben had resumed at her husband's house, accused poured kerosene over her while she was sitting on the cot and ignited her. Sonalben received 93% burns and the incident occurred at about 8. 00 to 8. 30 a. m. at Modasa. She was taken to Rasiklal Sarvajanik Hospital, Modasa and was examined by Dr. Nareshbhai Bhupendrabhai Joshi and one Dr. Varshaben and on the night of the incident at about 8. 30 p. m. she was transferred to Baroda Hospital. There she died during treatment and postmortem was conducted by PW-1 Dr. Sutapa Satyendranath Roy Basu, Medical Officer, SSG Hospital at Baroda, on 1st of June, 2002 and according to this Doctor, deceased had 90% burn injuries and cause of death was septicemia due to burns. In the meantime, on 28th of May, 2002, at about 9. 30 hours, Maheshbhai Chunnilal, father of the deceased, had filed a complaint before Police Inspector, Modasa Town Police Station and crime came to be registered against the accused for the above said offences vide CR No. I-71 of 2002. Sonalben died after the crime was registered against the accused and hence though the offence was initially registered for the offence punishable under Section 307 of the Indian Penal Code was converted into an offence punishable under Section 302 of the Indian Penal Code. During investigation, inquest panchnama was drawn, panchnama of scene of offence was drawn, Executive Magistrate PW-6 Shakrabhai Pujabhai had recorded the dying declaration of the deceased. Accused was arrested and charge sheet was submitted in the court of Judicial Magistrate, First class at Modasa and case was committed to the Court of Sessions and was made over to the Trial Court.

(3.) THE Trial Court framed charges against the accused vide Exhibit-2 on 09th of December, 2002 for the offences punishable under Sections 302 and 498-A of the Indian Penal Code, to which the accused pleaded not guilty. Prosecution therefore examined the following documentary as well as oral evidence. Exhibit-07 Dr. Sutapa Satyendranath Roy Basu exhibit-08 Police Yadi exhibit-09 Police Report exhibit-10 Postmortem Report exhibit-11 Inquest Panchnama exhibit-12 Deposition of PW-2 Kalpeshkumar Amrutlal exhibit-13 Panchnama of scene of Offence exhibit-14 Deposition of Dr. Nareshbhai B Joshi exhibit-15 Medical Certificate exhibit-16 Medical case papers of Sonalben exhibit-17 Deposition of complainant Maheshbhai exhibit-18 Original Complaint exhibit-21 Deposition of Manjulaben exhibit-22 Deposition of Shakrabhai Pujabhai exhibit-23 Yadi sent to Executive Magistrate for recording Dying Declaration exhibit-24 Dying Declaration of deceased exhibit-25 Deposition of Ramilaben exhibit-26 Deposition of Panchabhai Bhagvanbhai patel, PI, Modasa Town Police Station exhibit-27 Janava Jog Entry exhibit-28 Entry No. 5 of 2002 of Modasa Police Station exhibit-29 F. I. R. Exhibit-30 Report for making Section 303 of the I. P. Code exhibit-31 Map of Place of offence exhibit-32 Forwarding letter of sending muddamal exhibit-33 Receipt of receiving muddamal article. Exhibit-34 Letter of Forensic Science Laboratory exhibit-35 F. S. L. Report exhibit-36 Closing Purshis submitted by the prosecution