STATE OF GUJARAT Vs. RAMNIK KHODABHAI HARIJAN

JUDGEMENT

(1.) The present appeal is preferred by the State under Sec. -378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dtd. 21/4/1995 passed by Additional Sessions Judge, Bhavnagar in Sessions Case No.150 of 1994. By the impugned judgment and order, the Sessions Court acquitted the respondent-accused for offence under Sec. 498(A), 304(B) and 302 of the Indian Penal Code.

(2.) The case pertains to an incident that occurred on 4/4/1994, at around 10:00 PM in the accused's residence at Parwala village, where the accused, who had married the deceased Meenaben about ten months earlier, allegedly harassed her physically and mentally by repeatedly demanding that she bring a television from her parental home. When she did not fulfill his demand, the accused is alleged to have deliberately poured kerosene on her and set her on fire with the intention of causing her death. Thus, the respondent-accused committed offenses punishable under Sec. 498(A), 304(B) and 302 of the Indian Penal Code.

(3.) Learned Additional Public Prosecutor submitted that the trial Court has not properly appreciated the evidence presented by the prosecution. The judgment suffers from legal infirmities as it overlooks material evidence, leading to a miscarriage of justice.