Gujarat High Court
Dineshbhai @ Dinu Nanjibhai ... vs State Of Gujarat on 1 September, 2021
Bench: Sonia Gokani, Rajendra M. Sareen
R/CR.A/401/2020 IA ORDER DATED: 01/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL MISC.APPLICATION (TEMPORARY BAIL) NO. 1 of 2021
In R/CRIMINAL APPEAL NO. 401 of 2020
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DINESHBHAI @ DINU NANJIBHAI SOLANKI
Versus
JAIL SUPERINTENDENT
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Appearance:
for the PETITIONER(s) No.
THROUGH JAIL for the PETITIONER(s) No.
MS JIRGA JHAVERI, APP for the RESPONDENT(s) No.
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CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
and
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 01/09/2021
IA ORDER
(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)
1. The present application has been filed seeking
suspension of sentence under Section 389 of the Code of
Criminal Procedure, 1973 in Criminal Appeal under Section
374 of the Code of Criminal Procedure, 1973 against the
judgment and order of conviction under Section 302 of IPC
dated 13.06.2018 passed by the 5 th Additional Sessions Judge,
Gondal, Rajkot in Sessions Case No. 47 of 2016.
2. According to the case of the prosecution, the incident
had occurred on 04.08.2016 when the present applicant-
appellant and his wife were at their home at around 11:00
p.m. It was the occasion of Dashama Vrat and the husband-
applicant had demanded a meager sum of Rs. 50/- from the
deceased-wife for gambling purpose which was denied by the
deceased-wife and that infuriated the applicant who gave
R/CR.A/401/2020 IA ORDER DATED: 01/09/2021
filthy abuses and poured kerosene over her. He also set her
ablaze resulting into the unfortunate death of the wife after
five days of the incident. This resulted into lodgment of FIR
on 05.08.2016 which culminated into Sessions Case No. 47 of
2016 holding the applicant guilty.
3. We have heard learned Advocate Mr. Sethna appearing
for the applicant who earnestly urged that it was too meager a
sum and a trivial reason for anyone to commit such heinous
act. He further has urged that the prosecution had failed to
establish beyond reasonable doubt the recording of the dying
declaration by the Executive Magistrate since the burn
injuries on the person of the deceased was to the tune of 84-
92%. It is also his say that she has added the name of the
mother-in-law and no prosecution has also been initiated
against her mother-in-law. This, at the best, according to him
is a case which should fall for the purpose of punishment
under Section 304 Part 1 of IPC. He argued further that the
appeal would take a long time and therefore, the Court may
exercise its discretion and release him on regular bail. All
stringent conditions shall be adhered to by him.
4. Learned APP Ms. Jirga Jhaveri has resisted this
application strenuously on the ground that there is already a
dying declaration which has been recorded in accordance
with law. The Executive Magistrate also has deposed before
the Court and in the cross-examination explained as to why he
was in a position to take the thumb impression of the
deceased. According to her, this is too gruesome a murder
and that too for a very insignificant cause which shows the
mentality of the person.
R/CR.A/401/2020 IA ORDER DATED: 01/09/2021
5. Having heard both the sides and also noticing that this
application for suspension of sentence, we are disinclined to
accede to this request in wake of the presence of dying
declaration which prima facie appears to have been recorded
in accordance with law. The only person who has been
essentially named is the applicant-husband. Ofcourse, the
deceased-wife has in the very last breathe named the mother-
in-law for perpetuating cruelty, however no prosecution has
been initiated against her. The burnt injuries on the person of
the applicant further vindicates prima facie the offence as
rightly observed by the trial Court concerned. Without further
elaborating the reasonings so as not to in any manner affect
the rights of the parties at the time of final hearing, this
application is not being allowed. The application is disposed of
accordingly.
(SONIA GOKANI, J)
(RAJENDRA M. SAREEN,J)
SINDHU NAIR
