STATE OF GUJARAT Vs. CHANDRASHEKHAR AND ORS.

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the impugned judgment and order of acquittal passed by the learned Additional Sessions Judge, Ahmedabad (Rural) passed in Sessions Case No. 38 of 1991 acquitting the respondent herein - original accused for the offence punishable under Section 302 r/w Section 114 of the Indian Penal Code and Section 498A of the Indian Penal Code, the State has preferred present Criminal Appeal.

(2.) THE case of the prosecution in nutshell is that the deceased Fuladevi and original accused No. 1 Chandrashekhar were husband and wife and the deceased Fuladevi was the Bhabhi of original accused No. 2 - Surendraprasad. As per the prosecution case as the deceased has no issue/child, both of them were giving mental and physical tortured to her. As per the case of the prosecution on 4.9.1990 at about 7 p.m. in the evening the husband poured the kerosene on her and original accused No. 2 set her ablaze by match stick and due to intensive burn injuries, deceased died. Therefore, it was alleged that both the accused have committed the offence punishable under Sections 302, 498A and 114 of the Indian Penal Code. That the deceased was immediately taken to the hospital. Immediately Yadi was sent to the Executive Magistrate for recording dying declaration of the victim and the Executive Magistrate when went to the Hospital at about 21.00 on 5.9.1990 the victim was not conscious and therefore, the Executive Magistrate went back. However, as soon as the victim become conscious, immediately the Police Sub Inspector, Shahibaugh Police Station, Ahmedabad sent a Yadi to Executive Magistrate requesting to come for recording dying declaration. The said Yadi was sent at 11.50 on 5.9.1990 (Exh. 19). Immediately, Executive Magistrate rushed to the Hospital for recording dying declaration of the victim and he recorded dying declaration of the victim at about 12.35 on 5.9.1990. The dying declaration was completed at 12.55. that the statement of the Fuladevi was also recorded by PSI, Maknabhai Parmar, which was registered as FIR by the concerned Police Officer of Shahibaugh Police Station (Exh. 46). That pursuant to the said FIR, PSI of Shahibaugh Police Station started investigation. He recorded the statement of the concerned witnesses. He also collected the documentary evidence against the accused. On conclusion of the investigation, the Investigating Officer submitted the charge sheet against the accused for the offence punishable under Sections 302, 498A r/w Section 114 of the Indian Penal Code. As the case was exclusively triable by the Court of Sessions, learned Magistrate committed the case to the Sessions Court, Ahmedabad (Rural). That the learned Sessions Court framed the charge at Exh. 3 against both the accused for the offence under Sections 302, 498A and 114 of the Indian Penal Code. Both the accused pleaded not guilty and therefore, both the accused came to be tried by the learned Sessions Court for the aforesaid offences.

(3.) SHRI Thakore, learned advocate for the accused has tried to oppose the present appeal and support the impugned judgment and order of acquittal passed by the learned trial Court.