PRAKASH SHOLARAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Whether the appellant-original accused, husband of the deceased Bai Basu, is rightly held guilty for having committed an offence punishable under section 302 of the Indian Penal Code (IPC) by committing the murder of his wife by setting her ablaze or not ? This is the substratum of this conviction appeal under section 374 of the Code of Criminal Procedure, 1973 (Code).

(2.) The appellant, who is original accused No.1 (hereinafter referred to as the accused) husband of the deceased Bai Basu, by filing this appeal through Jail has questioned the legality of his conviction under section 302 of the IPC recorded by the learned Sessions Judge, Surat in Sessions Case No.11/89, and the resultant imprisonment for life and a fine of Rs.1,000.00 and in default to suffer RI for one month more. The accused was provided legal aid.

(3.) A short spectrum of relevant and material facts leading to the rise of this appeal needs narration at the first stage so as to examine the merits of the appeal and the challenge against it. Appellant-original accused No.1 came to be charged for having committed the offence of murder of his wife by pouring kerosene on her and by putting her ablaze at 11.45 p.m. on 11.9.88 in his house. Original accused No.2, father of accused No.1, was charged for having abated the accused No.1. Since he has been found not guilty and acquitted by the Trial Court and which has not been questioned by the State, the further probe of the alleged guilt of accused No.2 is not warranted.