STATE OF GUJARAT Vs. SANYAL KANTILAL SHAH

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 10.10.2005 passed by the Additional Sessions Judge, Ahmedabad in Sessions Case No. 19 of 2004 whereby the respondent has been acquitted of the charges leveled against him by granting him benefit of doubt.

(2.) The brief facts of the prosecution case are that the deceased used to work as secretary in the clinic of the respondent. It is the case of the prosecution that the respondent had lied before the deceased that he was a divorcee and thereby the deceased as well as the respondent got married. It is the case of the prosecution that the children of the respondent from the earlier marriage came to live with them and thereafter the deceased was inflicted with mental and physical torture by the respondent. It is further the case of the prosecution that on 14.03.2002 at around 08.30 pm the respondent poured kerosene on the deceased and set her ablaze. A complaint was therefore lodged. Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Ms. Thakore, learned APP appearing for the appellantState has submitted that the trial court committed an error in releasing the respondent-accused. It was contended by Ms. Thakore, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.