STATE OF GUJARAT Vs. TALAB JAKU BHOKAL

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), is directed against the judgment and order of acquittal dated 26.09.2003 passed by the learned Additional Sessions Judge, Fast Track Court, Jamnagar in Sessions Case No.215/2002, whereby the learned trial Judge acquitted the original accused -respondent herein, of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that the complainant -deceased Januben was married to the accused Talab Jaku Bhokal three years prior to the incident. She was staying with her husband in the house of one Mubarakbhai at Khambhaliya Railway Station Road, Khambhaliya separately six months prior to the incident. It is further case of the prosecution that out of the said wedlock, they have one son viz. Firoz. The accused was dealing in cloths and was going outside the village for selling the same. The accused doubted the character of the deceased. One day prior to the incident, the accused had beaten up the deceased and brought kerosene tin to burn the deceased. It is further case of the prosecution that on the day of the incident, in the morning, the accused quarreled with the deceased and went away for his business outside the village. The accused was, thus, in the habit of beating the deceased doubting her character and as the mental and physical harassment became unbearable, the deceased tried to commit suicide by pouring kerosene on herself and setting herself on fire. It is further case of the prosecution that, however, as she was not able to bare the pains of burning, she shouted and thereupon the neighbours and the police came there. Thereafter, she was taken to Khambhaliya Hospital where the police recorded her statement. During the treatment, she succumbed to the burn injuries. On these facts, the complaint being IC.R.No.13/1993 was filed with Jamkhambhaliya Police Station for the alleged offences.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Additional Sessions Judge, Fast Track Court, Jamnagar, which was, thereafter, numbered as Sessions Case No.215 of 2002. Since the opponentaccused did not plead guilty and claimed to be tried, he was tried for the alleged offences.