GHANSHYAMBHAI HARIBHAI LUNIVATAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has been convicted and sentenced by the learned Sessions Judge, Rajkot in Sessions Case No. 118 of 2007 by his judgment and order dated 27. 2. 2009 imposing rigorous imprisonment of one year with fine of Rs. 500/-, in default, to undergo further imprisonment of three months for the offence punishable under Sections 498 (A) of IPC and further he has been ordered to undergo rigorous imprisonment of three years for the offence punishable under Section 306 of IPC with fine of Rs. 1,000/-, in default, to further undergo rigorous imprisonment of six months and ordered the sentences to run concurrently. The said judgment and order is under challenge in the present appeal.

(2.) IT is the case of the prosecution that, the complainant was wife of the appellant-accused. It is alleged that the appellant accused used to harass her by demanding dowry and used to torture her mentally and physically and used to watch her chastity. The alleged incident had occurred on 3. 8. 2007 at about 8. 30 in the night after the complainant wife asked appellant accused for money for maintaining the household affairs, when he reached home. It is alleged that, at that time, the appellant-accused got excited and quarrel took place in between them. It is further alleged that because of the aforesaid treatment meted out to her, she poured Kerosene on her body and set herself on fire. She was shifted to the hospital and during the treatment, on the next day, i. e. on 4. 8. 2007 at 11. 05 O'clock, she succumbed to the burn injuries. It is mentioned in the dying declaration recorded before the Executive Magistrate that, at that time, she was fully conscious.

(3.) THEREAFTER the complaint was lodged against the appellant-accused before the Gandhigram Police Station. After investigation, the charge sheet was submitted before the learned Chief Judicial Magistrate for the offences punishable under Sections 498 (A) and 306 of IPC. Since the offences were sessions triable, the learned Magistrate committed the case to the Sessions Court, under Section 209 of Cr. PC. , which came to be registered as Sessions Case No. 118 of 2007.