RAMILABEN HASMUKHBHAI KHRISTI Vs. STATE OF GUJARAT
LAWS(SC)-2002-8-132
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
August 14,2002
Ramilaben Hasmukhbhai Khristi And Anr.
Appellant
VERSUS
STATE OF GUJARAT
Respondents
Referred Judgements :-
PAPARAMBAKA ROSAMMA VS. STATE OF ANDHRA PRADESH [REFERRED]UKA RAM VS. STATE OF RAJASTHAN [REFERRED]
LAXMI VS. OM PRAKASH [REFERRED]
PANCHDEO SINGH VS. STATE OF BIHAR [REFERRED]
Cited Judgements :-
JITENDRA ALIAS JITU GANPATI SHANKAR VYAS VS. STATE OF GUJARAT [LAWS(GJH)-2011-7-130] [REFERRED TO]RAMESH GYANOBA KAMBLE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-8-132] [REFERRED TO]
BAPI MAJHI VS. STATE OF WEST BENGAL [LAWS(CAL)-2019-3-69] [REFERRED TO]
SUSHEELA DEVI VS. STATE OF U. P. [LAWS(ALL)-2022-10-66] [REFERRED TO]
VIKRAM PRASAD VS. STATE OF U. P. [LAWS(ALL)-2022-7-206] [REFERRED TO]
RAJENDRAN VS. STATE [LAWS(MAD)-2003-4-94] [REFERRED TO]
SAGJANBAI BHAGWAT KSHIRSAGAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-9-18] [REFERRED TO]
KAMLA PRASAD VS. STATE (NCT) OF DELHI [LAWS(DLH)-2013-9-303] [REFERRED TO]
MAMTA WIFE OF MOHINDER LAL VS. STATE OF PUNJAB [LAWS(P&H)-2003-1-115] [REFERRED TO]
JAGDISH VS. STATE OF HARYANA [LAWS(P&H)-2009-1-51] [REFERRED TO]
ANWAR ALI ALIAS ANWAR MULLA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-1-20] [REFERRED TO]
AMAR DAYAL SAHU VS. STATE OF U.P. [LAWS(ALL)-2021-11-2] [REFERRED TO]
KIRAN VS. STATE OF U. P. [LAWS(ALL)-2022-11-142] [REFERRED TO]
SAROJ MITTAL VS. THE STATE [LAWS(DLH)-2016-5-162] [REFERRED TO]
ASOKE DAB VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-5-45] [REFERRED TO]
ANZAR ALI ALIAS SADDAM VS. STATE OF NCT OF DELHI [LAWS(DLH)-2019-2-251] [REFERRED TO]
KASHINATH SHARWAN SAHARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-11-76] [REFERRED TO]
STATE BY MALKHED POLICE STATION VS. MEHBOOBMIYA S/O CHUNNUMIYA [LAWS(KAR)-2018-11-235] [REFERRED TO]
ALAGAR alias VALARTHA ALAGAR VS. STATE [LAWS(MAD)-2009-8-562] [REFERRED TO]
SHYAM @ SHYAMBABU VS. STATE OF M.P. [LAWS(MPH)-2008-4-120] [REFERRED TO]
SUNIL BENJAMIN VS. STATE OF M.P. [LAWS(MPH)-2005-9-97] [REFERRED TO]
GULAM NABI ALIAS BALLU SON OF ABDUL SATTAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2017-10-74] [REFERRED TO]
ABHASH KUMAR (IN CR. A. (SJ) NO. 746 OF 2015) VS. THE STATE OF BIHAR [LAWS(PAT)-2017-10-155] [REFERRED TO]
KAMLESH JAIN VS. STATE OF M P [LAWS(MPH)-2007-12-5] [REFERRED TO]
JUGESH KUMAR VS. STATE [LAWS(DLH)-2007-5-38] [REFERRED TO]
SULTAN VS. STATE OF U.P. [LAWS(ALL)-2022-10-39] [REFERRED TO]
SAGEER AND NASEER VS. STATE OF U.P. [LAWS(ALL)-2022-9-45] [REFERRED TO]
AKASH VS. STATE [LAWS(DLH)-2019-10-193] [REFERRED TO]
MOHD. SADEEQ VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-2017-7-24] [REFERRED TO]
SURINDER VS. STATE OF HARYANA [LAWS(P&H)-2014-1-386] [REFERRED TO]
ASHOK VS. STATE OF U. P. [LAWS(ALL)-2022-9-160] [REFERRED TO]
SMT.MAMTA VERMA VS. STATE OF C.G. [LAWS(CHH)-2017-3-19] [REFERRED TO]
ABDUL RASID VS. STATE OF CHHATTISGARH [LAWS(CHH)-2012-2-95] [REFERRED]
BANAVATH RAVI VS. THE STATE OF ANDHRA PRADESH [LAWS(APH)-2016-2-43] [REFERRED TO]
MEMOONA VS. STATE OF U.P. [LAWS(ALL)-2017-5-158] [REFERRED TO]
SUDHIR VS. STATE OF U.P. [LAWS(ALL)-2023-2-71] [REFERRED TO]
MUNNA VS. STATE OF U.P. [LAWS(ALL)-2022-10-41] [REFERRED TO]
SONU VS. STATE OF U. P. [LAWS(ALL)-2022-9-151] [REFERRED TO]
SANJIT MAJHI VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-8-39] [REFERRED TO]
MHETRA S/O SIDDHARAM KASHYAP VS. STATE OF CHHATTISGARH THROUGH [LAWS(CHH)-2018-10-134] [REFERRED TO]
MRITUNJAYA @ TINKU VS. STATE OF U.P [LAWS(ALL)-2023-7-8] [REFERRED TO]
BHAIRO RAUT, SON OF LATE PURNMASHI RAUT VS. STATE OF BIHAR [LAWS(PAT)-2018-2-44] [REFERRED TO]
ANAND SINGH VS. STATE [LAWS(UTN)-2004-9-41] [REFERRED TO]
NATHU SINGH VS. STATE OF M.P. [LAWS(MPH)-2022-1-45] [REFERRED TO]
SHYAMLENDU DEB VS. STATE OF ASSAM [LAWS(GAU)-2017-5-12] [REFERRED TO]
RATAN ROY VS. STATE OF WEST BENGAL [LAWS(CAL)-2022-2-142] [REFERRED TO]
SHAKUNTALABAI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-1-70] [REFERRED TO]
JAKIR ALI VS. STATE OF U. P. [LAWS(ALL)-2021-4-26] [REFERRED TO]
PRAKASH GUPTA VS. STATE OF U.P. [LAWS(ALL)-2022-10-43] [REFERRED TO]
GUDDU VS. STATE OF U. P. [LAWS(ALL)-2021-9-5] [REFERRED TO]
SATNAM SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2019-7-408] [REFERRED TO]
KRISHAN VS. STATE OF HARYANA [LAWS(SC)-2012-12-54] [REFERRED TO]
SIKANDER VS. STATE OF U. P. [LAWS(ALL)-2022-7-230] [REFERRED TO]
GULSHANBI AYUBSHA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-8-4] [REFERRED TO]
SABIR KHAN S/O RAMJAN KHAN VS. STATE OF M P [LAWS(MPH)-2011-10-111] [REFERRED]
KALYANI AMMAL VS. STATE [LAWS(MAD)-2004-12-56] [REFERRED TO]
RISHI VS. STATE [LAWS(DLH)-2008-1-19] [REFERRED TO]
SURYA VS. STATE OF DELHI [LAWS(DLH)-2008-3-118] [REFERRED TO]
BIJU ALIAS JOSEPH VS. STATE OF KERALA [LAWS(KER)-2012-7-15] [REFERRED TO]
ANIL KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2013-9-841] [REFERRED]
VED PRAKASH VS. STATE (GOVT OF NCT OF DELHI) [LAWS(DLH)-2016-5-352] [REFERRED TO]
BATOOL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-4-38] [REFERRED TO]
BEERA AND ORS. VS. STATE OF PUNJAB [LAWS(P&H)-2009-11-141] [REFERRED TO]
JUDGEMENT
Brijesh Kumar, J. -
(1.)All the three criminal appeals, noted above, arise out of the judgment and order dated 21-9-2000, passed by the Gujarat High Court upholding the conviction and sentence of all the appellants in the three appeals as awarded by the Additional Sessions Judge, Kheda at Nadiad by the order dated 8-6-1998 in Sessions Case No. 195/1993. The appellants have been convicted under Section 302 read with Section 120-B IPC and sentenced to imprisonment for life. They have also been sentenced to pay a fine of Rs. 5000/- each, in default to suffer simple imprisonment for a period of three years, except accused no. 5 Ramilaben and accused no.11 Elisaben, who have been sentenced to pay a fine of Rs. 2000/- each, in default thereof to suffer simple imprisonment for a period of two years. Four persons, namely, Pushpaben Dahyabhai, Ravinaben Dahyabhai, Gersombhai Yakubhai and Mariyamben Ashabhai, had been acquitted as no case was found to have been made out for their conviction.
(2.)In all, there were eleven accused persons, out of which accused no. 6 Rameshbhai Ashabhai died during the trial, six of them have been convicted and four have been acquitted as indicated earlier. For the sake of convenience, it may be better to note the "accused number" of all eleven persons, since they have been so referred at many places in the judgments of the Sessions Court and the High Court. Name of the Persons Convicted: Accused No.1 Dahyabhai Ashokbhai. Accused No.4 Hasmukhbhai Ashabhai. Accused No.5 Ramilaben Hasmukhbhai Accused No.8 Sulemanbhai Yakumbhai. Accused No.10 Daudbhai Shivabhai. Accused No.11 Elisaben Yusufbhai. Accused No.6 Rameshbhai Ashabhai (died during trial) Name of the Persons Acquitted: Accused No.2 Pushpaben Dahyabhai. Accused No.3 Ravinaben Dahyabhai. Accused No.7 Gersombhai Yakubhai. Accused No.9 Mariyamben Ashabhai.
(3.)The prosecution story is that on 15-2-1992 at about 9.30 a.m. the deceased Pragnesh Kumar aged about 24 years, was going towards market in town of Matar, District Kheda. While he was passing through the road, Accused No.2 - Pushpaben Ashabhai Khristi along with other ten accused persons surrounded him and she is said to have sprinkled kerosene oil on Pragnesh Kumar and one of the remaining ten persons lighted a match stick, as a result of which Pragnesh Kumar caught fire. He received severe burn injuries to the extent of 90% all over the body. The same day Pragnesh Kumar died of the said injuries in Vedilal Sarabhai Hospital, Ahmedabad sometimes around 4.00 p.m.
(2.)In all, there were eleven accused persons, out of which accused no. 6 Rameshbhai Ashabhai died during the trial, six of them have been convicted and four have been acquitted as indicated earlier. For the sake of convenience, it may be better to note the "accused number" of all eleven persons, since they have been so referred at many places in the judgments of the Sessions Court and the High Court. Name of the Persons Convicted: Accused No.1 Dahyabhai Ashokbhai. Accused No.4 Hasmukhbhai Ashabhai. Accused No.5 Ramilaben Hasmukhbhai Accused No.8 Sulemanbhai Yakumbhai. Accused No.10 Daudbhai Shivabhai. Accused No.11 Elisaben Yusufbhai. Accused No.6 Rameshbhai Ashabhai (died during trial) Name of the Persons Acquitted: Accused No.2 Pushpaben Dahyabhai. Accused No.3 Ravinaben Dahyabhai. Accused No.7 Gersombhai Yakubhai. Accused No.9 Mariyamben Ashabhai.
(3.)The prosecution story is that on 15-2-1992 at about 9.30 a.m. the deceased Pragnesh Kumar aged about 24 years, was going towards market in town of Matar, District Kheda. While he was passing through the road, Accused No.2 - Pushpaben Ashabhai Khristi along with other ten accused persons surrounded him and she is said to have sprinkled kerosene oil on Pragnesh Kumar and one of the remaining ten persons lighted a match stick, as a result of which Pragnesh Kumar caught fire. He received severe burn injuries to the extent of 90% all over the body. The same day Pragnesh Kumar died of the said injuries in Vedilal Sarabhai Hospital, Ahmedabad sometimes around 4.00 p.m.
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