PATEL SANJAYKUMAR RAMABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 ('the Code' for short), is directed against judgment and order dated 14.08.2003 passed by learned Additional Sessions Judge, F.T.C., Patan in Sessions Case No. 27 of 2003 by which, the learned Judge convicted the appellant for the offence punishable under Section 498(C) of IPC and sentenced rigorous imprisonment for two years and fine of Rs. 500/ -, in default, simple imprisonment for three months and under Section 302 of IPC to life imprisonment and fine of Rs. 1,000/ -, in default, simple imprisonment for six months. Original accused No. 2 - mother -in -law of the deceased was acquitted by the learned Additional Sessions Judge, Patan. The learned Judge has observed in the order that both the sentences awarded to the appellant shall run concurrently.

(2.) THE short facts giving rise to the present appeal are as under.

(3.) THE complaint was given by deceased -Manishaben narrating mental and physical torture committed by the appellant. She has stated in the complaint that incident took place on 06.11.2002 at about 6:00 hrs. in the morning. The husband of Manishaben, at the instance of his mother, poured kerosene on Manishaben and set her ablaze. Manishaben started shouting for help and some persons had gathered from the neighbourhood. Thereafter, she was taken to Chanasma Hospital and subsequently to K.B. General Hospital. On the strength of the complaint given by Manishaben, the place, where the incident took place, was visited by the investigating officer. Panchnama of the place of incident was prepared in the presence of panch witnesses. Manishaben was sent to the hospital for immediate treatment. Her dying declaration was recorded in the hospital. The appellant and his mother were arrested during the investigation. On death of Manishaben, inquest panchnama was prepared in the presence of panch witnesses. Panchnama of the clothes put on by the deceased was prepared. The muddamal, which was recovered, was sent to F.S.L. for the purpose of detailed analysis. On receipt of P.M. report as well as F.S.L. report, the appellant was chargesheeted for the offence punishable under Sections 498(C) and 302 of IPC read with Section 114 of IPC. The appellant was produced before the learned Judicial Magistrate First Class who, in turn, made over the case under Section 209 to the Sessions Court, as the case was exclusively triable by the Sessions Court. The charge against the appellant and his mother was framed by learned Additional Sessions Judge, F.T.C., Patan vide Exh.4 and the appellant pleaded not guilty to the charge levelled against him.