ABBAS UMAR PINJARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this appeal under Section 374 of the Code of Criminal procedure, 1973 (for short 'the Code') the appellants-original accused nos. 1 and 2 have challenged the legality and validity of the judgment and order dated 21. 10. 2002 rendered by the learned Additional Sessions judge, Bhuj at Kutch in Sessions Case No. 23 of 1996 convicting the appellants under Sections 302 read with Section 34 and Section 498 of the Indian Penal Code and sentencing them to life imprisonment and imposing fine of Rs. 5,000/- in default SI for a period of 6 months and further convicting the appellant No. 1 under Section 498a of the Indian penal Code and sentencing him to undergo RI for three years and imposing fine of Rs. 2,000/- in default to further undergo 3 months SI. It may be mentioned that both the sentences are ordered to run concurrently.

(2.) BRIEFLY stated the prosecution case is that on 19. 10. 1995, the deceased-Raziaben Abbas Pinjara, wife of Abbas Umar Pinjara, informed the PSI, Bhuj City Police Station that she was married to Abbasbhai before 11/2 years and she and her husband were residing in the joint family and she was frequently subjected to physical and mental harassment due to her dark complexion.

(3.) ON the day when the alleged incident took place, in the early morning at 04. 00 a. m. when the deceased was preparing hot water for bath for her husband, suddenly, her husband, her elder brother-in-law, mother-in-law, father-in-law and younger brother-in-law, all five entered into the room and her husband caught hold of her and her elder brother-in-law poured kerosene from the stove and she was set ablaze by her husband and at that time all of them were shouting that she was to be killed.