MUKESHBHAI PILAJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgement and order dated 23. 4. 2002 passed by the learned Sessions Judge, Surat in Sessions Case No. 241 of 2000.

(2.) HEARD learned counsel for the parties. The only point urged in this case is about the offence of death by burning. The death ensued after burning of the lady. Total amount of kerosene which is said to be poured is out of a bottle which could contain maximum 180 millilitre. In the container of 25 ml of kerosene was still found. The death has occurred after about a month by septicemia. In these circumstances, the learned counsel for the appellant submits that the offence under Section 302 of the Indian Penal Code cannot be made out. It can at best be said to be an offence under Section 326 of the Indian Penal Code. In that view of the matter, she prays that instead of convicting the accused for the offence under Section 302 of the IPC, the offence may be altered to Section 326 of the Indian Penal Code. The accused has remained behind the bars for eight and half years and the amount of sentence may be awarded to be sufficient sentence to meet the ends of justice.

(3.) PER contra: learned AP. P. stated that death of the lady has occurred. Burning received was less. Only 60% to 70% of the body burnt. Death has occurred after about one month by septicemia. Therefore, this Court is left to decide the case on its facts.