STATE OF GUJARAT Vs. UKABHAI

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 05.05.1993 passed by the learned Additional Sessions Judge, Kutch -Bhuj in Sessions Case No. 68 of 1991 whereby, respondent - Mr. Ukabhai @ Ravi Hirji Sorathiya came to be acquitted of the charge of offence punishable under Sections 302, 304 -B and 498 -A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

(2.) THE prosecution case as unfolded before the trial Court can be shortly stated thus: - -

(3.) UPON hearing submissions made before the trial Court and after appreciation of evidence, both oral as well as documentary, the learned trial Judge found that the prosecution has been able to establish the homicidal death of deceased -Ms. Rasilaben having sustained 97% burn injuries on 14.06.1991. But, acquitted the respondent -accused from the charge of offences he was tried as the prosecution failed to prove the charge.