STATE OF GUJARAT Vs. SURESH

JUDGEMENT

(1.) This is an application preferred by the applicant - State seeking leave to prefer an appeal against the judgment and order of acquittal.

(2.) Mr. Bhargav Pandya, learned Additional Public Prosecutor for the applicant - State submitted that, though the version in the FIR wherein it is mentioned that the victim herself had poured the kerosene and received the burn injury but the dying declaration made before the Executive Magistrate and the examination of the Executive Magistrate below Exhibit -27 supports the case of the prosecution, wherein the deceased had made the statement that respondent - accused had poured the kerosene and she receives the burn injury.

(3.) In view of the aforesaid submissions, the present application for leave to prefer an appeal is required to be granted. Hence, the leave to prefer an appeal is hereby granted. Accordingly, the present application stands disposed of. ORDER IN R/CRIMINAL APPEAL NO. 1200 of 2023. Appeal is admitted. Bailable warrant in the sum of Rs.10,000.00 (Rupees Ten Thousand) be issued against the respondent - accused.