STATE OF GUJARAT Vs. RAJAK HABIBBHAI MEMON

JUDGEMENT

(1.) Challenge in the present appeal preferred under Section 378 of the Code of Criminal Procedure, 1973 (for short, the 'Code') by the appellant -State of Gujarat is the judgment dated 19.07.1993 passed by the learned Additional Sessions Judge, Bhavnagar in Sessions Case No.70 of 1993 whereby, both the accused persons came to be acquitted of the charge of offence punishable under Sections 498(A), 323, 504, 302 and 114 of the Indian Penal Code (for short, 'I.P.C.').

(2.) The prosecution case as unfolded before the trial Court can be stated thus.

(3.) That, Ms.Merunben, wife of respondent No.1 -accused and sister -in -law of respondent No.2 -accused died due to extensive burn injuries which she received at about 7:00 p.m. on 18.01.1993 at her matrimonial home situated in Voravad at Botad, District: Bhavnagar. The prosecution case, as projected before the trial Court, reveal that on the date of incident i.e. on 18.01.1993 at about 7:00 p.m., the respondent No.1 - accused came at home and started giving abuses to his wife - Ms.Merunben, who was playing with her son - Faizal and also asked her as to why she is sitting outside the home and after calling her inside the house, respondent No.1 -accused told her that though she has been refused to sit outside, why she gone out of the house and in reply, Ms.Merunben informed that as the minor son was crying, she took her son out of the home and because of this reply, respondent No.1 -accused restrained her to speak and went inside the house and brought out stove and poured kerosene over Ms.Merunben and set her on fire. The respondent No.1 -accused married to said Ms.Merunben before 2 to 3 years prior to the alleged incident and on the fateful day of incident, both Ms.Merunben and respondent No.1 -accused were staying separately from the in -laws of Ms.Merunben. It is further the case of the prosecution that the sister of the respondent No.1 -accused i.e. accused No.2 herein, was provoking the respondent No.1 -accused against deceased - Ms.Merunben and, therefore, he was extending mental and physical torture to said Ms.Merunben since very long time and, therefore, he and Ms.Merunben started to stay in the house of one Mr.Abdulbhai Bhurabhai in the same village before 2 to 3 months prior to the incident in question. It is the specific case of the prosecution that after pouring kerosene on deceased - Ms.Merunben, respondent No.1 -accused set her on fire and she was taken to the Sonavala hospital, Botad. At that time, she was unconscious but according to the prosecution case, after some treatment, injured -Ms.Merunben regained consciousness. According to the prosecution case, initially, the incident was recorded as accident but after injured Ms.Merunben was taken to the hospital, doctor attached to the hospital informed the police and the concerned police, in turn, informed the Executive Magistrate to record the dying declaration of injured - Ms.Merunben and accordingly, the dying declaration was recorded by the Executive Magistrate. The concerned Investigating Officer drawn panchnama of the scene of offence and recovered muddamal stove and other articles. The Investigating Officer recorded complaint of injured - Ms.Merunben as stated by her as to how the incident occurred. It is further the case of the prosecution that while inured Ms.Merunben was under treatment at hospital, she died at 3:15 a.m. on 19.01.1993.