CHAKUR @ CHAKO CHITHARBHAI SANKHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30.01.2010 passed in Sessions Case No.48/2008 by the learned Addl. Sessions Judge & Presiding Officer, 2nd Fast Track Court, Amreli whereby, the appellant, original accused, has been convicted for the offences punishable u/s.498(A) and 302 of Indian Penal Code (for short, "the IPC").

(2.) THE facts in brief are as under;

(3.) LEARNED counsel for appellant submitted that the impugned judgment and order is bad in law and erroneous. She submitted that the Court below has not appreciated the evidence on record in its proper perspective. The prosecution case is improbable and unbelievable in view of the fact that deceased, along with her children, could not have reached the Hospital, which was situated at a distance of about 3 kms, on foot. Having sustained about 90% burn injuries, it is not probable that deceased would have covered such long distance on foot. Hence, the impugned judgment is erroneous on law and facts and deserves to be quashed and set aside.