- (1.)PRESENT Appellant - original accused in Sessions Case No. 253 of 1999 was charged and tried by learned Principal Judge, City Civil and Sessions Court, Ahmedabad, Court No. 1, for the offences punishable under Section 498-A and 302 of Indian Penal Code (for short "i. P. C. " ).
(2.)THE facts of the prosecution case is that deceased Parasben was staying with her husband, daughter and son. Prior to the date of incident, before 20 years her marriage took place with the present appellant. After marriage, after some time, her husband always came to home in a drunken condition and quarreling with his wife and mental and physical harassment was given to her. But, only to maintain the family and with a hope that her husband will improve himself, she always kept quiet.
(3.)ON 14th June, 1999, at 8. 00 P. M. the appellant came home in a drunken condition and started quarrel with the complainant. Thereafter he poured kerosene from the container on the body of complainant Parasben and lighted match stick and complainant Parasben on receiving burnt injury shouted. On hearing the shout neighbours came there and present appellant - husband of Parasben ran away. Parasben received serious burn injuries on different parts of the body like face, breast, hands, legs and on other parts of the body and, therefore, she was admitted in V. S. Hospital, in Burns Ward, by Bharu Singh, Galjibhai. On 14th June 1999 at 10. 00 P. M. one message (Vardhi) was received by P. S. O. , Kagdapith Police Station. On receiving said message P. S. I. Chhatrasinh Zala rushed to the V. S. Hospital in Burn's Ward and inquired from the hospital staff regarding Parasben and also inquired about the mental condition of Parasben from the Medical Officer. Thereafter, after inquiring about the mental condition consciousness of the complainant from the Medical Officer, complaint was recorded by him and it was read over to Parasben. After ascertaining that the facts stated in the complaint are true he lodged complaint. The complainant was unable to sign below the complaint as her both the hands were burnt, P. S. I. obtained a right leg thumb impression and report was prepared and the offence was registered. Prior to recording of the complaint P. S. I. Jala written Yadi to the Executive Magistrate to record Dying Declaration of Parasben with endorsement of Medical officer. The Executive Magistrate came and recorded the dying declaration. Police Inspector Ganpatsingh Bhimsing Chauhan drawn the panchnama of place of incident and called the expert from F. S. L. , through Yadi. Statement of witnesses were recorded and on 15th June 1999 present appellant - accused was arrested and Panchnama of physical condition of accused was drawn and on 21st June, 1999 during the treatment injured Parasben expired. So, Inquest Panchnama was prepared and dead body was sent for autopsy Report. Thereafter the muddamal was seized and through ravangi note it was sent to the F. S. L. tor scientific analysis and on 6. 9. 1999 charge-sheet was filed before the learned Metropolitan Magistrate, Court No. 4, Ahmedabad.