SHRAVANKUMAR SOMNATH SONAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant - convict has filed the present appeal under Section 374 (1) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction passed on 31 -3 -2001 by learned 2nd Addl. Sessions Judge, Vadodara in Sessions Case No.145 of 1999 for offence punishable u/s 302 of the I.P. Code and sentencing him to undergo imprisonment for life and to pay fine of Rs.1000/ - i/d to undergo rigorous imprisonment for three months.

(2.) IN brief the prosecution case was that deceased Laxmiben was residing with her husband - accused. On 26 -3 -1999 at about 12 -00 at night, Laxmiben came to house of her mother Hiraben with burns and informed that as she had quarrel with the accused, he poured kerosene over her and set her on fire. Therefore, Hiraben took Laxmiben to hospital where she succumbed to the injuries.

(3.) ON the basis of the First Information Report lodged by Hiraben Mohanbhai, offence was registered and investigation was started. At the end of investigation charge sheet was laid against the accused for the offence punishable u/s 302 of the I.P. Code. As the offence was triable by Sessions Court, the case was committed to Sessions Court, Vadodara and it was registered as Sessions Case No. 145 of 1999. Learned Addl. Sessions Judge, Vadodara framed charge Exh. 7 against accused for the aforesaid offence. The accused pleaded not guilty to the charge and claimed to be tried and therefore the prosecution adduced evidence.