STATE OF GUJARAT Vs. RAJSHI LAKHABHAI ODEDARA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 31.01.2004 rendered by the learned Additional Sessions Judge, 9th Fast Track Court, Porbandar, in Sessions Case No.23 of 2000. The said case was registered against the present respondents -original accused for the offences punishable under Sections -498A, 306 and 114 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, one Punjabhai Gigabhai Khunti, resident of Bokhira, Porbandar disclosed his complaint before Deputy Superintendent of Police with the contention that he was farmer and living with his family and he has two daughters and two sons. Marriage of his daughter -Santok took place before five months of the incident with one Rajshi Lakha, respondent No.1 herein. On 09.09.2009, when he was present with his family members, Raja, maternal uncle of respondent No.1 - accused, came in rickshaw and conveyed that his daughter sustained burn injuries and admitted in Porbandar Hospital. So, the complainant alongwith his wife went to the hospital and saw that she was totally bed ridden and also sustained burn injuries and she was not in a position to reply anything. Both the respondentsaccused were present there. They told that when motherin -law of the deceased came back after getting milk, the deceased was burning in kitchen, where husband of the deceased was also present. Thereafter, immediately, she was taken to the hospital, where, she was succumbed to the injuries. Dead body of the deceased was sent for postmortem and then, handed over the respondentsaccused.

(3.) ON the basis of above allegations, charge was framed vide Exh.1 and read -over and explained to the accused for the offence punishable under Sections -498A, 306 and 114 of the Indian Penal Code. Then, plea was recorded vide Exh.2 to 3 and respondents -accused pleaded not guilty to the charge and claimed to be tried.