STATE OF GUJARAT Vs. SHAH KANUBHAI H

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 22.04.1994 passed by the Additional Sessions Judge, Mehsana in Sessions Case No. 90 of 1990 whereby the accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are that the deceased Bhanuben had given birth to a male child around 20 days prior to the date of incident. It is the say of the prosecution that on the date of incident when the father of the deceased had come to her matrimonial house to bring her to her parental house for few days, the accused did not allow them to take the child with them. Thereafter, in a fit of rage, he poured kerosene over the deceased and his child and set them on fire.

(3.) MR . LR Pujari, learned APP appearing for the appellant -State has submitted that the trial court committed an error in releasing the respondent -accused. It was contended by Mr. Pujari, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.