STATE OF GUJARAT Vs. MEMON IQUBAL USMAND

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 22/5/1997 passed by the learned Additional Session Judge, Bhavnagar in Sessions Case No.149 of 1996 whereby the accused - respondents herein came to be acquitted from the charge of the offences punishable under Ss. 498(A), 302, 114 etc. of the Indian Penal Code (for short "the IPC "), the appellant - State of Gujarat has preferred present criminal appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated, the complainant was washing the clothes at about 7.00 p.m. and her husband had gone for business purpose and brother of her husband namely Ikbal started to proceed with tin and thereupon she asked about the tin and he stated that there was a colour tin and, thereafter, she stated that this was petrol tin and Ikbal stated that he wanted to mix boiled water in the colour. Thereafter, the complainant boiled the water and also made a tea and she herself set behind the stove filtering the tea for Ikbal and suddenly Ikbal poured the chemical in the utensil and, therefore, she sustained burn injury and, thereafter, Ikbal ran away. The complainant came out in burn condition at that time Khushalbhai Sodawala poured the water on her and she fall down there and neighbours gathered there. Thereafter, the complainant took the hospital where she lodged the complaint before the concerned police officer. During the pendency of the present appeal, respondent no.2 expired on 3/9/1997 and, therefore, the appeal qua respondent no.2 stands abated.

(3.) Pursuant to the FIR lodged by the complainant, investigating agency carried out the investigation and recorded statements of the prosecution witnesses, drawn various panchanamas and collected relevant expert evidence for the purpose of proving the offence. After having found sufficient material against the respondents herein, charge-sheet came to be filed before the concerned Magistrate Court. Since the case was exclusively triable by Sessions Court, concerned Magistrate Court committed the case to the Sessions Court as provided under sec. 209 of the Code.