NARVTBHAI RATILAL PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment and order rendered by the Ld. Addl. Sessions Judge, Fast Track Court, Panchmahals at Godhra on 31/3/2003 in Sessions Case No. 399 of 2002. The Ld. Trial Judge recorded the conviction of the appellant for the offences punishable under sections 498-A and 302 of the Indian Penal Code [ipc] and awarded sentence for rigorous imprisonment [ri] for 2 years and fine of Rs. 2,000/- and in default, simple imprisonment [si] for 6 months for the offence punishable under section 498-A of the IPC and imprisonment for life and fine of Rs. 5,000/- and in default, SI for 6 months for the offence punishable under section 302 of the IPC. Both the sentences were ordered to run concurrently and the appellant was given benefit of set off.

(2.) THE prosecution case, in nutshell, is that the appellant married with Sukhiben, daughter of Ramabhai Kalubhai before about one year from the date of the incident. It is alleged that the appellant was causing harassments to Sukhiben and Sukhiben was meted-out with physical and mental torture by the appellant. On 7/9/2002, at about 8. 00 a. m. , the appellant poured kerosene on Sukhiben and set her on fire by lightening a match. Sukhiben was removed to hospital and during her treatment she succumbed to the burn injuries on 14/9/2002. Dy. S. P. Ashwinbhai Chauhan recorded FIR and the investigation was commenced. During the course of investigation, dying declaration of Sukhiben came to be recorded by the Executive Magistrate Govindbhai Girdharbhai [pw 8]. After collecting sufficient material for the purpose of lodgement of charge-sheet, charge-sheet came to be filed in the Court of the Ld. Chief Judicial Magistrate, Godhra. Since the offence was exclusively triable by the Court of Sessions, the Ld. Magistrate committed the case to the Court of Sessions at Godhra, which came to be registered as Sessions Case No. 399 of 2002.

(3.) CHARGE was framed against the appellant at exh. 2, to which the appellant did not plead guilty and claimed to be tried. The prosecution, therefore, adduced its oral and documentary evidence. After the conclusion of the oral evidence adduced by the prosecution, the Ld. Trial Judge, recorded further statements of the appellant under section 313 of the Criminal Procedure Code and the appellant generally denied all the allegations levelled against him by the prosecution and stated that his deceased wife Sukhiben sustained burn injuries while cooking. After considering the evidence on record and the submissions made on behalf of both the sides, the Ld. Trial Judge recorded conviction of the appellant for the offences punishable under sections 498- A and 302 of the IPC and awarded the sentence as hereinbefore referred to in this judgment.