STATE OF GUJARAT Vs. DHIRUBHAI RAMJIBHAI KOLI

JUDGEMENT

(1.) The present appeal, under Sec. 378 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 30/10/1993, passed by the learned Additional Sessions Judge, Rajkot, in Sessions Case No. 61 of 1992, whereby the respondent herein - original accused has been acquitted of the charges levelled against him for the offences punishable under Ss. 302 and 498 -A of the Indian Penal Code, 1860 (for brevity, 'the IPC').

(2.) Brief facts of the prosecution case are that on 10/03/1992, the respondent herein - original accused allegedly informed his wife - Bhanuben, the deceased that he wanted to remarry as she could not conceive and thereby, he further allegedly entered into altercation with his wife and thereafter, set her ablaze by pouring kerosene due to which, the deceased sustained severe burn injuries and ultimately, succumbed to the injuries. Thus, the respondent - accused committed the offence alleged against him, for which, a complaint came to be lodged.

(3.) We have heard Ms. Shruti Pathak, learned Additional Public Prosecutor, for the appellant - State and Mr. Pratik Barot, learned advocate for the respondent - original accused.