STATE OF GUJARAT Vs. HARIJAN KALYANBHAI KESHAVBHAI

JUDGEMENT

(1.) BY way of the present appeal under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgement and order of acquittal dated 15.6.1993 passed by learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 87 of 1990 whereby the respondent original accused was acquitted of the charge of offence punishable under Section 302 of the Indian Penal Code.

(2.) THE brief facts of the prosecution case are that the deceased lady complainant was residing with her husband who was afflicting her. Therefore, on 1.3.1990 at 6.00 a.m. she burnt herself by sprinkling kerosene on her body. She had no dispute with her father -in -law, mother -in -law and Diyar (husband's younger brother). They were not afflicting her. She had dispute only with her husband who was often beating her. On the basis of the complaint, police registered an offence under Section 498A of the Indian Penal Code. Thereafter, dying declaration of the lady complainant was recorded and her statement was also recorded in which she had stated that her husband had set her on fire after sprinkling kerosene on her body. Therefore, the police added Sections 307 of the Indian Penal Code. The complainant succumbed to the injuries and therefore, police added charge of Section 302 of the Indian Penal Code. Thereafter, investigation was carried out. Panchnama of the place of incident was prepared. Statements of the witnesses were recorded. Inquest panchnama was made. The accused was arrested. After completion of investigation, chargesheet was filed in the Court of learned Judicial Magistrate First Class. As the case was triable by the Court Sessions, it was committed to the Court of Sessions, Bhavnagar.

(3.) LEARNED APP, Mr. Raval, for the appellant has submitted that in order to prove the case against the accused, the prosecution has examined the following witnesses: