STATE OF GUJARAT Vs. LALABHAI GANGARAM SALAT

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order dated 31.7.2015 passed by the learned 5th (Ad hoc) Additional Sessions Judge, Nadiad in Sessions case No.69 of 2015 whereby the absconding-accused against whom supplimentary charge-sheet has been filed, has been acquitted for the offences punishable under sections 302, 498-A of the Indian Penal Code.

(2.) The facts of the case are that on 14.10.1997, the complainant lodged a complaint wherein it is stated that in the morning on that day, the complainant had gone to collect waste of donkey. At that time, at about 10.00 a.m, her paternal aunt Gangaben Kishanbhai Marwadi met the complainant. It is alleged that at that time, the younger brother-in-law Lalabhai Gangaram had come and picked up a quarrel with the complainant and abused and gave kick and fist blows to the complainant and thereafter, poured kerosene on her and set her ablaze. She had received serious burn injuries. There was also a presence of mother-in-law Maghiben during this incident and she has also instigated the present accused Lalabhai to set her on fire. There was a presence of two sister-in-law namely Kankuben and Ramiben, who were also present during the incident. Thus, according to the complainant, all the four accused in connivance with each other with a view to commit murder of deceased, poured kerosene and set her on fire.

(3.) The trial was conducted against the other accused being Sessions case no. 106 of 1998 wherein the accused are acquitted. During the course of hearing, the prosecution has produced the evidence of the following eight witnesses. <FRM>JUDGEMENT_146_LAWS(GJH)11_2015.html</FRM>