Z.K.SAIYED, J. - (1.)THE present conviction Appeals have been filed by the appellants original accused, under Section 374(2) of the Cr. P.C., against the Judgment and order dated 19.05.2010 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.3, Morbi, in Sessions Case No.01 of 2009, whereby the appellantaccused No.1 was convicted for the offence punishable under Sections 498A and 114 of the Indian Penal Code and sentenced to undergo 3 years rigorous imprisonment with fine of Rs.2,000/ -, in default of payment of fine, further rigorous imprisonment of 3 months and for the offence punishable under Sections 306 and 114 of the IPC and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.5000/ -, in default of payment of fine, further rigorous imprisonment of 6 months and appellantaccused No.2 was convicted or the offence punishable under Sections 498A and 114 of the Indian Penal Code and sentenced to undergo 3 years rigorous imprisonment with fine of Rs.2,000/ -, in default of payment of fine, further rigorous imprisonment of 15 days and for the offence punishable under Sections 306 and 114 of the IPC and sentenced to undergo 5 years rigorous imprisonment with fine of Rs.5000/ -, in default of payment of fine, further rigorous imprisonment of 6 months
(2.)ACCORDING to the prosecution case, one complainant -Hinaben were living together with her children Nirav aged about 4 years, daughter Manasi aged about 9 years and husband and her in -laws. The complainant's sister in law (Derani) Kaushlayben, original accused No.2 often visited her house even in absence of her husband. Since last ten months, there was illicit relation between her husband and sister in law and she often seen them in immodest condition in her own house. The complainant advised them not to keep such kind of illicit relation, but they did not stop the said relation. In this regard, a quarrel took place between them and they threatened the complainant and gave physical and mental harassment to her and told her to die as she did not like by them. On 18.11.2008, at about 8:00 in the morning, a quarrel took place between them and thereafter, husband of the complainant went to job. At about 1:00 in the noon, when she alone at her house and as her harassment crossed the limits of bearing of human being, the complainant poured kerosene on her and also on her children, thinking that no one would take care of her children. Thereafter, neibhrours rushed the place and tried to save them. Thereafter, they were shifted to Prabhat Hospital by Dharamshi Bhurabhai and Keshvjibhai, where it was disclosed by the deceased that she sustained burn injuries. As she was totally conscious, she disclosed the entire facts to the Police Inspector, Morbi Taluka at Prabhat Hospital and thereby, the complaint was taken by PSI bearing No.II -C.R.No.106 of 2008 and offence was registered against the appellants -accused. The investigation was carried out. Then, yadi was sent to Executive Magistrate to record the dying declaration of the injured persons, who in turn, verified from the doctor regarding the consciousness of the all injured persons and recorded statements of Hinaben and her daughter Mansi. Then, treatment was given all three injured persons. Statements of the witnesses were recorded by Investigating Officer. Thereafter, all injured persons succumbed to the burn injuries. So, inquest panchnama was drawn and dead bodies of all deceased were sent for Post Morterm. Panchnama of place was drawn and muddamal was recovered from the place of offence. PM note obtained by the Investigating Officer. Then, muddamal ravangi note was prepared and muddamal was sent to FSL for analysis. On receipt of the report of FSL, a charge -sheet was filed against the appellants -accused for the offence punishable under Sections -498A, 306 and 114 of IPC before the learned Additional Chief Judicial Magistrate. As the said case was exclusively triable by the Court of Sessions, learned Additional Chief Judicial Magistrate, committed the case to learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.3, Morbi, which was thereafter, numbered as Sessions Case No.01 of 2009. Later on, original accused No.2 was released on bail by this Court.
(3.)ON the basis of above allegations, charge was framed against the appellant -accused vide Exh.18 and read -over and explained to the appellants -accused for the offences punishable under Sections 498A, 306 and114 of the Indian Penal Code. Then plea was recorded, wherein, appellants -accused pleaded not guilty to the charge and claimed to be tried.
In support of the prosecution case, prosecution has examined following oral evidences : - JUDGEMENT_13_LAWS(GJH)2_2015.htm