STATE OF GUJARAT Vs. KANUBHAI MAFATLAL PARMAR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 31/12/1994 passed by the learned Addl. Sessions Judge, Mehsana in Sessions Case No.103 of 1994, whereby the respondents accused came to be acquitted for the offences under Sec. 302 of Indian Penal Code, the appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Accused No.3 Mafatlal Parmar since expired, case against him stood abated as per order of this court dtd. 16/9/2022.

(3.) The brief facts of the prosecution case are that Banumatiben wife of Kanubhai Mafatlal lodged a complaint before the Constable of Civil Hospital at Mehsana on 12/12/1993 inter alia contending that on the day prior to the incident her husband under suspicion had beaten the complainant and thereafter in the morning on 12/12/93 at about 10 A.M. accused poured kerosene on her and set her on fire and as a result of which complainant received burns injury at that time her mother-in-law Lakhiben and father-in-law fatlal were also present. On receiving fire on her body, she shouted for help. Uncle-in-law Ishwardardas came running and he saved her from fire and thereafter father-in-law and other family members took her to Civil Hospital at Mehsana. On the basis of complaint, other statement of the lady also came to be recorded and the offence was registered. Dying declaratiion of the lady was recorded by the Executive Magistrate and statements of other witresses were also recorded and chargesheet came to be filed on completion of offence.