JAYRAJBHAI PUNJABHAI VARU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Instant appeal preferred under Section 374[2] of the Code of Criminal Procedure, 1973 [ Code for short], is directed against the judgment and order dated 30th June, 2003 passed by the learned Sessions Judge, Amreli, in Sessions Case No. 20 of 2003, convicting the appellant for the offence punishable under Section 302 of IPC and sentencing him to suffer rigorous imprisonment for life and fine of Rs. 10,000/-, in default of payment of fine, simple imprisonment for 2 years.

(2.) Short facts giving rise to the present appeal are stated as under:-

(3.) Appellant got married as per Hindu rites with deceased Rekha, daughter of Jaskubhai Suragbhai before three years from the date of the incident which took place on 10.3.2003. The marriage between the appellant and the deceased was quite happy and they had cordial relationship. However, after some time, the deceased was not treated well and subjected to mental and physical cruelty for not bringing sufficient dowry. She narrated to her parents the mental and physical cruelty inflicted on her by the original accused no.3. The incident in question took place on 10.3.2003 at about 5.00 a.m. The deceased received serious burn injuries in the early morning. A complaint was given by the deceased on 10.3.2003. On the strength of the complaint given by the deceased, investigation was set in motion. As the deceased was admitted in the hospital, Deputy Mamlatdar was called for recording dying declaration of deceased Rekha and the dying declaration was recorded on 10.3.2003. In view of the statement given by the deceased, a case was registered against the appellant and other three accused persons. Investigating Officer recorded statement of the first informant Jaskubhai Suragbhai-father of deceased Rekhaben. Place of the incident was visited and panchnama in respect thereof was prepared in presence of the panch witnesses and the appellant and other accused persons were arrested. Post-mortem on the dead body of deceased Rekha was carried out. On receipt of the post-mortem report and other material, the appellant along with other three accused persons were chargesheeted and produced before the Court of Judicial Magistrate First Class at Dhari, who, in turn, committed the case to the Sessions Court under Section 209 of the Code as the case was exclusively triable by the Court of Session. Charge against the appellant and other accused persons was framed vide Exh.1 and the appellant pleaded not guilty to the charge levelled against him. Therefore, the matter was set down for full-fledged trial before the learned Sessions Judge.