SHRI JAIDEVSINH CHUDASMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Criminal Appeal, under Section 374(2) of the Code of Criminal Procedure, has been preferred by the appellant - original accused, challenging the Judgment and order dated 14.07.2004, passed by the learned Additional Sessions Judge, Fast Track Court No. 9, Bhavnagar, in Sessions Case No. 105 of 2003, whereby the learned Judge has convicted the appellant - accused for the offence punishable under Sections 498(A) and 306 I.P. Code.

(2.) THE facts of the prosecution case is that complainant deceased Laxmiba @ Minaba was the wife of appellant - accused. It is alleged that on 5.2.2003 at 11.00 O'clock there was some quarrel between them and after that the accused had gone out of the house. Thereafter the complainant - wife of the accused poured kerosene on her body and set on fire on herself and committed suicide. During the treatment she died. The police filed the complaint and registered the offence against the accused for the offence punishable under Section 306, 398(A) I.P. Code. The police recorded the statement of witnesses, drew the panchnama, the post mortem was done and thereafter the accused was arrested. On completion of investigation the charge -sheet was filed before the learned J.M.F.C. As the offence was absolutely triable by a Court of Sessions, the learned J.M.F.C., has committed the said case to the Court of Sessions which was registered as Sessions case No. 105 of 2003.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Additional Sessions Judge, Fast Track Court No. 9, Bhavnagar, has vide Judgment and order dated 14.07.2004, held the accused guilty for the offence punishable under Section 498(A) I.P. Code and sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs. 500/ - i/d to undergo simple imprisonment for two months. Learned Judge also held the appellant - accused guilty for the offence punishable under Section 306 I.P. Code and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 500/ - i/d to undergo simple imprisonment for two months. The learned Judge ordered that both the sentence to run concurrently.