STATE OF GUJARAT Vs. MAJIBA

JUDGEMENT

(1.) THE present appeal is filed by the appellant -State under section 378(1)(3) of the Code of Criminal Procedure, 1973 being aggrieved and dissatisfied with the judgment and order of acquittal dated 31.01.2003 passed by the learned Additional Sessions Judge (Fast Track Court No.2), Jamnagar, in Sessions Case No.91 of 1997 whereby the respondentsoriginal accused have been acquitted of the charges levelled against them.

(2.) SHORT facts of the case are that two years prior to the date of incident, deceased -Manchhaba was married to one Aniruddhsinh. After one year of marriage, deceased and her husband started staying separately. They did not have any progeny out of the said wedlock. Respondent No.1 -original accused No.1 who is the mother -in -law of the deceased was used to come to their house for the purpose of dining. It is the case of the prosecution that time and again, respondent No.1 - original accused No.1 was used to taunting the deceased for Kariyawar and Dowry. She also stated the deceased to die so that she can get married her son again. It is further the case of the prosecution that respondent No.4 -original accused No.4 and respondent No.2 -original accused No.2, who are the brother -in -law (Jeth) and sister -in -law (Jethani) of the deceased respectively instigated respondent No1. -original accused No.1 against the deceased as to Kariyawar and Dowry. They were also used to taunt her on the said count. Moreover, her sister -in -law (Nanand) -respondent No.3 herein was also taunting her whenever she visited their house and lastly before one month of the incident, she had taunted the deceased about Kariyawar and harassed her. Respondent No.1 -original accused No.1 had also taunted her just before the day of the incident. Due to all these taunting and harassment, eventually on 01.01.1994 at night, the deceased set her ablaze by pouring kerosene and get serious burn injuries. She was taken to the hospital, where the police had recorded her complaint. The Executive Magistrate had also recorded her dying declaration. The deceased succumbed to the injuries sustained by her on 08.01.1994.

(3.) IN order to prove the charge against the accused, the prosecution has examined, in all 11 witnesses and also produced documentary evidence numbering 15.