SONALBEN SASHIKANT BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants convicts have preferred the present appeal u/s 374 (2) of the I. P. Code challenging judgment and order of conviction and sentence dated 17-1-2001 rendered by learned Addl. Sessions Judge, City Sessions Court, Ahmedabad in Sessions Case No. 12 of 1997 convicting them for the offence punishable u/s 302 read with Section 34 of the I. P. Code and sentencing them to undergo sentence of life imprisonment and to pay fine of Rs. 1000/-, in default thereof, to undergo further sentence of six months' Rigorous Imprisonment.

(2.) IN brief, the prosecution case is that deceased Savitaben Triloksing was the sister of appellant Surendrakumar and accused Laxmiben Surendrakumar was the wife of appellant Surendrakumar. Savitaben was residing in the house of her sister Pushpaben Narendrakumar and appellant Surendrakumar and his wife Laxmiben were residing behind her house and were picking up frequent quarrels with Savitaben as to why she came to reside there. Appellant Sonalben was tenant of appellant Surendrakumar. On 23-5-1996 at about 6-00 in the evening when Savitaben was sitting on otala, Laxmiben came there and started abusing her. As Savitaben told her not to give abuses, Laxmiben got enraged and brought kerosene container. Appellant Sonalben caught hold of deceased Savitaben and Laxmiben poured kerosene over her. At that time, appellant Surendrakumar came there and ignited matchstick. Nitaben the daughter of the deceased, her sister Pushpaben and other persons came there and extinguished the fire. Savitaben was taken to the hospital and she lodged a complaint. During treatment, Savitaben succumbed to her injuries.

(3.) ON the basis of the complaint filed by Savitaben investigation was started. At the end of investigation charge sheet came to be filed against the accused for the offence punishable u/s 302 and 34 of the I. P. Code. As the offence was triable by Sessions Court, the case was committed to the City Sessions Court, Ahmedabad and it was registered as Sessions Case No. 12 of 1997. Learned Additional Sessions Judge, Court No. 17, City Sessions Court, Ahmedabad framed charge Exh. 1 for the offence punishable u/s 302 read with section 34 of the I. P. Code. The accused pleaded not guilty and claimed to be tried and hence the prosecution adduced evidence to prove the charge.