STATE OF GUJARAT Vs. DAHYABHAI JASING

JUDGEMENT

(1.) The State has filed this appeal under Section 378 (1) (3) of the Code of Criminal Procedure challenging the judgment and order dated 15.03.1986 passed by the learned Additional Sessions Judge, Surat in Sessions Case No. 118 of 1985 acquitting both the accused from the charges and offences punishable under Sections 302, 452 & 114 of Indian Penal Code.

(2.) The case of the prosecution is that on 23.08.1985 at about 09.00 p.m. when deceased Savitaben was in her house, Dahyabhai Jesing and his wife Ramilaben, the respondents" orig. accused herein, entered in the house of the deceased Savitaben and started abusing the deceased. Deceased Savitaben has also started abusing the accused Nos. 1 & 2. Because of the extensive quarrel between them, the accused No. 1 Dahyabhai has gone to his house which is adjoining to the house of the deceased and brought a kerosene tin and he poured kerosene on the deceased Savitaben and the accused No.2 Ramilaben has ignited the match because of which the deceased Savitaben has got extensive burns on her body. Both the accused have thereafter closed the door of the house of the deceased from outside and went away. Deceased Savitaben has thereafter shouted for help. The accused thereafter opened the doors and deceased Savitaben ran out from her house in burning condition. Deceased Savitaben's husband Tribhovandas was informed thereafter and the deceased was taken to the hospital at Surat where Dr. Mevada has examined her and recorded the case history as stated by the deceased Savitaben. Dying Declaration of the deceased Savitaben was recorded by Executive Magistrate Shri Prashant Master and P.S.I. has registered the complaint of Savitaben wherein it was stated by her that Shri Dahyabhai poured kerosene on the deceased Savitaben and the accused No.2 Ramilaben has ignited the match and because of which she got burn injury. Because of this burn injury, deceased Savitaben expired on 28.08.1985.

(3.) After commission of the case to the learned Sessions Judge and after examining and evaluating the oral as well as documentary evidence recorded during the course of trial, the learned Additional Sessions Judge, Surat has, vide his impugned judgment and order, acquitted both the accused.