STATE OF GUJARAT Vs. SHOBHNABEN DHANJIBHAI KANTHARIA

JUDGEMENT

(1.) PRESENT appeal under section 378 of the Code of Criminal Procedure has been preferred by the appellant ­ State of Gujarat challenging the impugned Judgement and Order of acquittal dtd. 30/3/3012 passed by the learned 5 th (Ad-hoc) Additional Sessions Judge, Surat in Sessions Case No.249 of 2009 acquitting the respondents herein ­ original accused for the offences punishable under sections 302 and 114 of Indian Penal Code.

(2.) THAT the victim (now deceased) ­ Shitalben- wife of Bhupendrabhai Dhanjibhai Kantharia lodged complaint before Mr.B.M. Rathva, PSI Chowk Bazar Police Station, Surat at New Civil Hospital, Surat on 9/6/2009 at about 2.40 A.M. against the original accused ­ her Sisters-in-laws (sisters of her husband) initially for the offences punishable under sections 307 and 114 of Indian Penal Code for the offences alleged to have been committed on 8/6/2009 at about 10.00 A.M. (22.00 hours). It was stated in the said complaint that she had married with one Bhupendra Dhanjibhai Kantharia and was staying at the address mentioned in the complaint since last two years along with her husband, Father-in-law, Mother-in-law and Sisters-in-laws. That their marriage was a love marriage and out of the wedlock, they have one son aged about one year. It was stated in the complaint that her both the Sisters- in-laws were married but due to dispute with their husbands, both of them are staying with them. It was further alleged in the complaint that yesterday i.e. on 8/6/2009, there was some minor quarrel with her younger Sister-in-law ­ Ritaben for doing some household work at 9.30 A.M. and Ritaben told the same to her elder Sister-in-law ­ Shobhnaben and both of them quarreled with her. It was further stated in the complaint that when her husband returned at 9.00 P.M., she told her husband about the said quarrel and at that time both her Sisters-in-law were not present. It was further stated in the complaint that at about 9.30 P.M. Shobhnaben came back and her husband told her why she is moving outside at night time and thereafter her husband was sitting outside the house at "Ota" and that she was talking with her mother-in-law in the middle room and at that time at about 10.00 P.M. Shobhnaben started quarreling with her and told why she is making complaint to her husband and at that time she poured kerosene on her and therefore, she had run away in the "Vada" and at that time, Ritaben, another Sister-in-law came with matchbox and set her on fire and at that time she shouted for help and her husband came there and tried to extinguish the fire. It was further stated in the complaint that thereafter husband called 108 Ambulance wherein she had been brought to Civil Hospital, Surat for treatment. It was alleged that both her Sisters-in-law have caused burn injuries on her by setting her ablaze / fire. It was stated in the complaint that she has sustained burn injuries on both hands and therefore, she is not in a position to sign. The said complaint was recorded by Mr.B.M. Rathva, PSI, Chowk Bazar Police Station, Surat and the thumb impression of the complainant ­ victim was obtained on the complaint.

(3.) MS .Kiran Pandey, learned advocate appearing on behalf of the respondents ­ original accused, at the outset, has stated at the bar under the instructions from her clients that she has no objection if the impugned Judgement and Order of acquittal is quashed and set aside and the matter is remanded to the learned trial court for retrial. She has fairly conceded that as such the learned Judge has not discussed the evidence on record at all and has delivered the Judgement and Order of acquittal in one paragraph only. Therefore, it is requested to pass appropriate order considering the facts and circumstances of the case.