CHANDRAKANT NATWARBHAI RANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant came to be tried and convicted by the learned Additional Sessions Judge, FTC No. 7, Vadodara, for the offence of murder of his wife Rekhaben, by judgment and order rendered in Sessions Case No. 198/2003, on 20th July, 2004. He is sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default to undergo further imprisonment for a period of six months.

(2.) THE prosecution case, in brief, is that the appellant was married to deceased Rekhaben about 18 months before the incident and were staying together at Prakashnagar hutment area of Vadodara. On 24. 5. 2003, the appellant returned home from his work around 8. 00 P. M. , and asked the deceased for food. On food being not ready, he got angry and assaulted his wife deceased Rekhaben. He caught hold of the deceased with her hair and dashed her head against wall. Thereafter, somehow, the quarrel was over. In the early morning at about 4. 15 A. M on 25. 5. 2003, the appellant poured kerosene on the body of the deceased while she was sleeping and set her to fire. On the deceased raising shouts for help, the appellant's brother and his wife staying in the vicinity, rushed to the place and rescued the deceased. The deceased was then taken to SSG Hospital, Vadodara, where she was admitted, but succumbed to the injuries two days thereafter. On the basis of the history given to the Doctor by the deceased, the Doctor informed the police constable posted at the hospital, who,in turn, sent vardhi to the Police Station, pursuant to which, the police came and recorded F. I. R of the deceased. The Executive Magistrate was summoned for recording dying declaration, who came and recorded the dying declaration of the deceased. On the basis of the FIR, initially the offence was registered for an offence punishable under Section 307 of the Indian Penal Code, but, on demise, it was converted into the offence punishable under Section 302 IPC, and charge- sheet was filed in the Court of learned Chief Judicial Magistrate, Vadodara, who, in turn, committed the case to the Court of Sessions and Sessions Case No. 198/2003 came to be registered.

(3.) THE charge against the accused was framed by the trial Court at Exh. 4, to which the accused pleaded not guilty and came to be tried. The Court came to the conclusion that the prosecution was successful in establishing the charge levelled against the accused and convicted him for the offence of murder and awarded sentence of imprisonment for life with fine, as narrated hereinabove.