STATE OF GUJARAT Vs. KANAIYALAL JAYANTILAL

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 Cr. P.C., against the Judgment and order dated 24.1.2003 rendered by the learned Additional Sessions Judge, Fast Track Court No.2, Jamnagar, in Sessions Case No.51 of 1997. The said case was registered against the present respondent original accused for the offence under Sections 498A, and 306 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, deceased Minaben married to Kaniyalal 20 years prior to the incident and they were staying at Jamnagar as husband and wife. The accused was in the habit of torturing the deceased mentally and physically. As the harassment became unbearble, the deceased on the night of 1.6.1994 poured kerosene on herself and ablaze. Thereafter the deceased was taken to the hospital. Her complaint was recorded in the hospital by the police and, thereafter, she succumbed to the burn injuries.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him in the Court of learned Magistrate. As the case was sessions triable the same was committed to the Court of Sessions.