MAFABHAI NAGARHHAI Vs. STATE OF GUJRAT

JUDGEMENT

(1.) THIS is an appeal under section 379 CrPC read with section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. The sole accused is the appellant before us. He was tried for an offence punishable under section 302 IPC. The gravamen of the charge was that on the night of July 9, 1978 at midnight he poured kerosene oil on Bai Gauri, the deceased in this case and set fire as a result of which she died on the next day. The case rested mainly on the dying declarations recorded by the doctor and the Magistrate. The learned Sessions Judge was not prepared to act upon the dying declarations and accordingly acquitted the appellant. The State preferred an appeal. The High Court allowed the appeal and convicted the appellant under section 302 IPC and sentenced him to undergo imprisonment for life. Hence the present appeal.