RAJU ALIAS RAJESH ALIAS RAJARAM VALDASBHAI HARIYANI Vs. STATE OF GUJARAT
LAWS(GJH)-2008-11-119
HIGH COURT OF GUJARAT
Decided on November 26,2008

RAJU @ RAJESH @ RAJARAM VALDASBHAI HARIYANI Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) THE appellant convict has filed the present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed on 12-5-2000 by Addl. Sessions Judge, Rajkot in Sessions Case No. 168 of 2000 for the offences punishable u/s 302 of the I. P. Code and sentencing him to undergo imprisonment for life and to pay fine of Rs. 2000/- i/d to undergo R. I. for three years.
(2.) IN brief the prosecution case was that Rasilaben was married to accused Raju @ Rajesh @ Rajaram and they had son Chirag aged about 4 years and daughter Neha aged about 2 years out of the marriage. On 8-8-2000 at about 8-30 p. m. accused Raju closed the door of 'deli' and picked up quarrel with Rasilaben that she had illicit relations and poured kerosene and set her on fire. On account of burning, as Rasilaben raised shouts, neighbours and co-accused Tulasidas came at the place of incident and took Rasilaben to hospital where she succumbed to her injuries.
(3.) ON the basis of the complaint lodged by Rasilaben, investigation was started. At the end of investigation charge sheet was filed against the accused for the offence punishable u/ss 302-114-201 of the I. P. Code. As the case was triable by Sessions Court, the case was committed to Sessions Court, Rajkot and it was registered as Sessions Case No. 168 of 2000. Learned trial Judge framed charge Exh. 1 against accused for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried and therefore the prosecution adduced evidence.;


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