STATE OF GUJARAT Vs. JITENDRA CHANDULAL THAKKAR (CHANDE)

JUDGEMENT

(1.) The appellant ­ State of Gujarat has filed this appeal under Section 378(1) & (3) of the Criminal Procedure Code, 1973 [in short, 'Code'] challenging the judgment and order dated 26.08.2004 passed by the learned Additional Sessions Judge, Fast Track Court No.1, GandhidhamKutch in Sessions Case No.31 of 2003 acquitting the respondents of the offences punishable under Sections 302, 498(A), 304(B), 114 of the Indian Penal Code.

(2.) As per the case of the prosecution, Gitaben complainant aged 21 years and studied upto 7th standard was married to the accused No. 1 and was living in the joint family at the matrimonial home with her inlaws. That marriage of the complainant was 'sato' so no dowry was exchanged between the families, however her motherinlaw, sisterinlaw and her husband caused her mental and physical harassment on this issue. On 05.02.2003 after taking dinner the complainant, her husband and sisterinlaw were watching television till late night and the complainant retired to her room and later on came to call her husband. At that time, her husband got furious and thrown her out of the room and, therefore, the complainant had knocked the door so as to permit her to come in. At that time, sisterinlaw of the complainant caught hold of her and husband poured kerosene over her body and lighted a match stick and set her ablaze. The complainant received extensive burn injuries and, therefore, while shouting for help, she fell down and due to severe burn injuries she was unable to see and she did not know who had extinguished fire and taken her to the hospital. At that time, the complainant was conscious. The complainant was brought to the hospital by the husband at 00:30 am and initially history was given that she received burn injuries while preparing tea. At 01:30 am, the Executive Magistrate reached the Hospital and till 02:10 am he recorded the Dying Declaration wherein she clearly made the statement that sisterinlaw caught hold of her and husband of the complainant poured kerosene and ignited the matchstick. Accordingly, FIR being C.R.I12/03 registered at Rapar Police Station After investigation, charge sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Sessions Court, Gandhidham, Kutch. The Trial Court framed charge against the accused and the accused pleaded not guilty to the charge and claimed to be tried and to substantiate the charge the prosecution had produced oral as well as documentary evidences.

(3.) In order to prove its case against the accused persons, the prosecution had examined the following important prosecution witnesses: