Decided on July 15,2016

Fulsingbhai Gimlabhai Vasava Appellant


- (1.) This appeal arises out of judgment and order dated 21 -3 -2014 passed by the learned Additional Sessions Judge, Narmada at Rajpipla, in Sessions Case No.31 of 2013 whereby original accused was convicted and sentenced to suffer SI for three years and to pay fine of Rs.500/ -, in default, to suffer further SI for three months for the offence punishable under section 498 -A of IPC and SI for seven years and to pay fine of Rs.1000/ -, in default, to suffer further SI for six months for the offence punishable under section 306 of IPC. Both the sentences were ordered to run concurrently. Accused was given benefit of set off for the period undergone in jail.
(2.) Short facts of the case are that a complaint was filed by complainant -Bhikhabhai Damjibhai alleging inter alia that love marriage of his sister with the present appellant took place before almost 20 years and they had six children. For 17 years, marriage life was going on smoothly but before three years of the incident, as the appellant started developing illicit relations with a lady, the deceased was subjected to harassment by the appellant and on 8.12.2012, the daughter of the complainant received a call from son of the deceased stating that the deceased had set herself on fire. On getting the said information, he went to the place of incident and on his way, he came to know that the deceased was taken to Government Hospital and thereafter transferred to Civil Hospital. When the complainant and his family members visited the hospital on the next day, the deceased stated to have taken the extreme step and had received burn injuries below her chest as her husband was planning to bring another woman in his life. The deceased succumbed to her injuries on 11.12.2012 at 11.30 p.m. In pursuance of the said complaint, investigation started and as there appeared prima facie case against the accused, charge sheet was filed against him.
(3.) As the offence was triable exclusively by Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried. Hence, the prosecution was asked to prove the guilt against the accused. 3.1 To prove the guilt against the accused, prosecution examined following witnesses: P.W. Name of witness Exh. No. No. 1 Bhikhabhai Damjibhai 11 2 Damjibhai Babiyabhai 13 3 Sitaben Bhikhabhai 14 4 Lataben Pravinbhai Patel 15 5 Chhanabhai Ukkadbhai Vasava 17 6 Krushnakant Dahyabhai Marchant 21 7 Govindbhai Bhikhabhai 24 8 Harendrabhai Fulsingbhai 25 9 Avichalkumar Bhikhabhai Vasava 27 10 Premilaben Dilipbhai 28 11 Ghadilal Motiji Vasava 29 12 Karsanbhai Maganbhai Chaudhary 32 13 Dipakkumar Vishnudayal Prasad 33 3.2 The prosecution also relied on following documentary evidence: Sr. Description Exhibit No. No. 1 Complaint 12 2 Inquest panchnama 16 3 Post mortem report 18 4 Panchnama of place of offence 19 5 Yadi for recording DD 22 6 Dying Declaration of the deceased 23 7 Compromise in writing before panch 34 3.3 After filing of closing pursis by the prosecution, further statement of accused under Sec.313 of Cr.P.C. was recorded. On conclusion of trial and upon hearing the learned advocates appearing for the respective parties, impugned judgment and order, as aforesaid in the earlier part of this judgement, was delivered by the trial court giving rise to the present appeal. ;

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