STATE OF GUJARAT Vs. BHIKHUMIYA H SAIYED

JUDGEMENT

(1.) THE present appeal is filed by the State of Gujarat against the judgment and order dated 30.09.1985 rendered by the learned Extra Assistant Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No.5/1985, acquitting the accused of the charge.

(2.) THE facts, in brief, which give rise to file the present Appeal, are as follows:

(3.) THE learned Additional Public Prosecutor has contended that the case of the prosecution is supported by the prosecution witness No.2, Sattarbhai, who happens to be brother of Mehrazbanu and deposed before the Court that Mehrazbanu has one son and his sister burnt herself because her husband used to beat her frequently. He has also stated that Mehrazbanu was also prompted to commit suicide because accused used to tell her that she should go and die . He has also deposed that the person has illicit relations with another lady and, therefore, he used to frequently beat her. The said witness has admitted in his cross -examination that in view of the matrimonial dispute, no notice was given and no complaint was ever filed against the respondent accused. The learned Additional Public Prosecutor considered the deposition of the Executive Magistrate as well as the dying declaration. We have carefully gone through the evidence of the Doctor as well as the dying declaration. The Doctor is examined at PW -4 and he recorded the dying declaration at Exh.14. Perusing the said dying declaration, Mehrazbanu has clearly stated that she poured kerosene on herself because the accused was telling her to go back to her parents' house. On the day of the incident, he had beaten her and she poured kerosene on herself and ignited the match.