STATE OF GUJARAT Vs. PATEL SHANTABEN AMRUTLAL ISHWARLAL

JUDGEMENT

(1.) The present appeal, under Sec. 378 (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dtd. 13/10/2004 passed by the learned Assistant Sessions Judge, Patan in Sessions Case No.359 of 2002, whereby, the learned trial judge has acquitted the original accused-the respondent herein, of the charges for the offences punishable under Ss. 306 and 498(a) of the Indian Penal Code.

(2.) The brief facts of the prosecution case are that the marriage of the complainant-deceased Krishnaben took place five years prior to the incident with the son of present respondent-accused Shantaben. That after marriage, she was residing with her husband in a joint family including her in- laws and out of the said wedlock, they got one child. As per the complaint of the deceased, on the day of incident, between 10:00 a.m. and 11:00 a.m. in the morning, the deceased poured kerosene and set herself on fire. But as she could not bear the sufferings, she shouted and on hearing her shouts, the neighbours came to her rescue and saved her from further burning. Thereafter, she was shifted to Mehsana Hospital where she gave her complaint before the police wherein she has stated that she took the extreme step of committing suicide on account of mental and physical harassment at the hands of the accused. On these facts, the complaint was filed. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge-sheet was filed and submitted the same before the Judicial Magistrate First Class, Siddhpur. However, as the case being exclusively sessions triable, the same was committed before the Sessions Court, Mehsana as per Sec. 209 of the Code of Criminal Procedure where the case was registered as Sessions Case No.95 of 2000. Thereafter, as the Patan District Court separated, the case was transferred to Sessions Court, Patan where the case was registered as Sessions Case No.359 of 2002. The trial was initiated against the respondent.

(3.) To prove the case against the present accused, the prosecution has examined about nine witnesses and also produced several documentary evidence.