(1.) This appeal is filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 7/2/1995, passed in Sessions Case No. 118 of 1993 by the learned Additional City Sessions Judge, Court No.16, Ahmedabad, recording the acquittal.
(2.) It is reported that respondent Nos. 1 and 3 have already expired and therefore, appeal is abated against respondent Nos. 1 and 3. Therefore, appeal is heard only qua respondent No.2.
(3.) Facts in brief are that marriage of deceased Madhuben was solemnized with Jethabhai - respondent No.3 herein before one year of the incident. It was Madhuben's second marriage. Before this marriage, Madhuben was married in Surendranagar but since her first husband was mentally unfit, she has taken divorce from him. Her husband - Jethabhai has also married previously. However, his wife has expired and therefore, he married to Madhuben. Jethabhai was having three children from his first marriage. After their marriage, Jethabhai and Madhuben were residing with these three children and mother of Jethabhai. Jethabhai was having two brothers, one was residing in the same house and other at some nearby place. As per the complaint, Respondent No.3 was not allowing the deceased - complainant to visit her parental house and tortured her physically and mentally. At that time, mother in law - respondent No.1 herein and brother in law - respondent No.2 herein were instigating the respondent No.3 against the deceased Madhuben. Moreover, deceased was pregnant, but respondents - accused were telling her that she has an extramarital affair with her sister's husband and the child is not of her husband. As per the complaint, with this allegation, respondents - accused were torturing the deceased mentally and physically. On 31/1/1993 at about 8:00 o'clock, when she was at her house, respondents - accused were came there and abused her and then respondent No.1 has pored kerosene over the deceased, while respondent Nos. 2 and 3 have caught hold of the deceased and set her ablaze. When deceased was burning, they left the place. Thereafter, deceased has shouted for help, hearing this, her sister in law and other neighbours gathered and extinguished the fire. They took the deceased to the V. S. Hospital, Ahmadabad. There, she died at 1:00 a.m. on 1/2/1993. The complaint was registered against the respondent No.1 for the offence punishable under Ss. 302 and 498A of the Indian Penal Code, 1860 (herein after referred to as "the IPC") and Ss. , 302, 498A read with Ss. 34 and 114 of the IPC agaisnt respondent Nos. 2 and 3.
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