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1996 Supreme(SC) 1622

M.K.MUKHERJEE, S.P.KURDUKAR
Kumbhar Dhirajlal. Mohanlal – Appellant
Versus
State Of Gujarat – Respondent


JUDGMENT

M.K. Mukherjee, J.-This appeal under Section 379 of the Code of Criminal Procedure, 1973 is directed against the judgment of the Gujarat High Court in Criminal Appeal No. 1312 of 1983 which reversed the order of acquittal passed by the Sessions Judge, Bhavnagar and convicted the appellant for uxoricide and sentenced him to imprisonment for life.

2. According to the prosecution case the appellant married Hansaben (the deceased) three months prior to her death and since marriage they were living with the parents of the appellant. However, since a week before her death they started living separately at Nirmal Nagar. On January 8, 1983 at or about 8.45 A.M. Hansaben asked the appellant as to why he had sold her kandora (waist-band). The appellant replied that for paying rent he had to sell the same. Over this issue a quarrel ensued between them in course of which the appellant first started beating her with a tawetha (iron instrument used for cooking purpose). Thereafter he poured kerosene oil on her and set her on fire by throwing a lighted match stick. On seeing the blaze the appellant tried to extinguish the fire and in that process he also got burn injuries on his hands. Nei











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