THE STATE OF GUJARAT Vs. ARJUNBHAI @ NATHABHAI HARIBHAI

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 29.10.2004 rendered by learned Assistant Sessions Judge, Junagadh in Sessions Case No.73 of 2001.

(2.) The short facts giving rise to the present appeal are that though deceased Bhanuben was residing separate, the accused persons have retained the ornaments and other items which were given in the marriage to Bhanuben. It is alleged that on demand of the said items by Bhanuben, the accused used filthy abuses and beaten and extended harassment, due to which on 9.6.2001 deceased Bhanuben poured kerosene on her person and succumbed to the burnt injuries. Accordingly, the complaint to that effect came to be lodged against the respondents.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.