RAMANBHAI BHURABHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant - convict has preferred this appeal under section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court, Panchmahal at Godhra on 30. 10. 2002 in Sessions Case No. 204 of 2002 convicting him for the offence punishable under sections 302 and 506 (2) of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 5000/- in default thereof to undergo SI for 6 months for the offence punishable under section 302 of the IPC, and to undergo RI for 6 months and to pay fine of Rs. 100/-, in default thereof to undergo SI for 15 days for the offence punishable under section 506 (2) of the IPC.

(2.) ACCORDING to the prosecution case, on 16. 4. 2002 at about 18:00 hrs. , when complainant Jasiben Somabhai came near the house of accused Rameshbhai Bhurabhai after fetching water, he stopped and told her that he would not spare her and also gave abuses. Jasiben returned home and accused Ramanbhai followed her with stick, broke the tiles and pelted stones on her buffalo. As Jasiben tried to save the buffalo, accused Ramanhai caught hold of Jasiben and asked accused No. 2 Rukhiben Bhurabhai to bring kerosene, who brought kerosene and accused Ramanbhai poured kerosene on Jasiben and set her on fire by igniting matchstick. Jasiben succumbed to the injuries during the treatment.

(3.) ON the basis of the first information report lodged by deceased Jasiben, an offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed for the aforesaid offences. As the offence was triable by Sessions Court, the case was committed to the Sessions Court and it was registered as Sessions Case No. 204 of 2002. The learned Joint District Judge, Fast Track Court framed charge Exh-2 for the offence under sections 302, 504, 506 (2), 427 and 114 of the IPC. The accused pleaded not guilty and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the incriminating circumstances appearing in the evidence against the accused were explained to them. The accused in their further statement recorded under section 313 of the Code of Criminal Procedure, 1973, stated that false case is filed against them. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the learned trial Court convicted accused Ramanbhai but acquitted his mother Rukhiben Bhurabhai. Being aggrieved by the said decision, accused Ramanbhai has preferred appeal. State has also preferred appeal against acquittal of co-accused Rukhiben.