The act of pouring kerosene and igniting the victim amounts to murder under IPC Section 302 due to its inherently dangerous nature, despite the appellant's claim of lack of intent.

JUDGEMENT

(PER : HONOURABLE MR. JUSTICE A. J. DESAI)

1. By way of the present appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short), the appellant – original accused has challenged the judgement and order of conviction dated 28.12.2012 passed by learned 8th (Adhoc) Additional Sessions Judge, Panchmahals at Godhra in Sessions Case No.3 of 2012 by which, the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to undergo life imprisonment and has been imposed a fine of Rs.10,000/- and in default of payment of fine, to undergo one year simple imprisonment as well as under Section 452 of the Indian Penal Code and has been sentenced to undergo one year rigorous imprisonment and has been imposed a fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment of three months.

2. The appeal came to be admitted vide oral order dated 18.4.2013. The Registry has received the records and proceedings along with paper-book from the learned Trial Court and the same has been placed before us for perusal.

3. The short facts emerge from the record are as under :-

3.1 That on 29.9.2011, one Laliben @ Lilaben wife of Punjabhai Mulabhai Vankar, resident of Samli Limda Faliyu, Tal.

Godhra alleged that at around 10 O'clock in the morning, when she was all alone in her house, the appellant who is distance related to her in-laws entered her house in a drunken condition and when she raised questions about his conduct about entering the house in such condition, he got irritated and poured kerosene on her which was lying in the kitchen and set her ablaze by matchstick pursuant to which she started burning and at that time, the appellant ran away from her house and when she came out of the house, her relatives tried to extinguish the fire and immediately, she was shifted to Godhra General Hospital. Upon receiving the said news, her son i.e. Jagdishbhai Punjabhai Vankar and her husband i.e. Punjabhai Mulabhai Vankar immediately reached the Hospital. At that time, the Medical Officer of General Hospital, Godhra handed over a letter to the son of the deceased, addressed by him to the Police Inspector, Godhra Town Police Station for recording of the complaint which was taken by the son of Laliben to the concerned Police Station and thereafter, PSO from Godhra Town Police Station came to the Hospital and recorded the FIR and the same was registered as FIR being I C.R. No.223 of 2011 against the appellant for the offences punishable under Sections 307, 452 and 504 of the Indian Penal Code (hereinafter referred to as 'IPC').

3.2 Upon registration of the FIR, the appellant came to be arrested on the next day i.e. 30.9.2011. On 3.10.2011, Laliben @ Lilaben wife of Punjabhai Mulabhai Vankar (hereinafter referred to as 'the deceased) succumbed to the injuries and accordingly, offence under Section 302 of the Indian Penal Code was added in the FIR.

3.3 Upon completion of investigation, charge sheet was filed before learned Magisterial Court. Since the offences are triable by learned Sessions Judge, the concerned learned Magistrate committed the case to the learned Sessions Judge.

3.4 A charge came to be framed against the appellant at Exh.2. Charges levelled against the accused are denied by the accused and therefore, the learned Trial Court proceeded with the trial. In all, 15 witnesses were examined by the prosecution to prove the case whereas the defence did not examine any witness in his support. The prosecution also produced various documents like dying declaration of the decease