STATE OF GUJARAT Vs. INDRAJITSINH AJITSINH

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 26th May 1994 passed by learned Chief Judicial Magistrate, First Class, Jamnagar in Criminal case No.2004/1990 whereby the learned Judge has acquitted the respondent of the offences under section 326 of IPC as alleged against him.

(2.) The prosecution case in short is that the complainant was staying with her husband and she is having three children. The complainant's husband is working in Jamnagar Woolen Mills. According to the prosecution, on 30.4.1990 in the morning the respondent accused had gone to her house and told her that if she will not marry him, he would kill her husband and because of this threat the complainant -s husband could not go for duty for about one and half months. On the date of incident at about 8 am the complainant -s husband and his brother had gone to village and at about 11 am the respondent had gone to her house and asked her to marry him. She refused and thereupon the respondent poured acid on her face and hand as well as on the face of her son Virendra and also her daughter. The complainant and children shouted for help and the respondent ran away. Thereafter the complaint came to be lodged against the respondent for the offence under section 326 of IPC.

(3.) After recording necessary evidence, learned Magistrate acquitted the respondent of the offence with which he was charged. It is against the aforesaid judgement and order the State has preferred the present appeal.