STATE OF GUJARAT Vs. REKHABEN HANSABHAI BHARWAD

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 29.5.2004 rendered by learned Additional Sessions Judge, Fast Track Court, Bhavnagar, in Sessions Case No.59 of 2002. The said case was registered against the present respondent original accused for the offence under Sections 498 -A and 306 of the Indian Penal Code.

(2.) THE case of the prosecution is that complainant Munniben Rajubhai Bharwad has filed FIR in which she has stated that on 11.11.2001 at 9.30 a.m. when she was present in her house, her husband was not present in the house and she has poured kerosene on her body and set herself ablaze. Thereafter, she was transferred to the Palitana Government Hospital and then to Bhavnagar Government Hospital where she has been treated. At that time, she was conscious. The complainant Munniben has also stated in the FIR that as a result of ill treatment given by her father -in -law's sister Rekhaben and because of altercations with her, she has poured kerosene on her body and set herself ablaze. Said complaint was initially registered as a janvajog entry no.133 of 2001 with Palitana Town Police Station and thereafter it was registered as C.R.No.I -199 of 2001. Thereafter, during the treatment the complainant expired and, therefore, Section 306 of IPC has been inserted in the report.

(3.) BEING aggrieved by and dissatisfied with the said judgment and order of acquittal dated 29.5.2004 rendered by learned Additional Sessions Judge, Fast Track Court, Bhavnagar, in Sessions Case No.59 of 2002, the appellant -State has preferred the present appeal before this Court.