STATE OF GUJARAT Vs. RAMESHBHAI @ LALJIBHAI DAHYABHAI PADHIYAR

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 15.5.2008 rendered by learned Presiding Officer, Additional Sessions Judge, 2nd Fast Track Court, Anand in Sessions Case No.111 of 2007.

(2.) The short facts giving rise to the present appeal are that deceased Madhuben Laljibhai Padhiar was married to the respondent accused for about eight years prior to the incident and both were residing together. It is alleged that on the day of incident, i.e. 8.7.2007 as the deceased prepared "khichdi" only and had not prepared vegetables, due to which the respondent accused got annoyed and also spoke concerning the character of the deceased and other things, due to which, the deceased got excited and poured kerosene over her person and got burnt. It is alleged that the respondent accused was very much present; he tried to save the deceased by pouring water. It is alleged that the deceased received burn injuries and soonafter the incident, she was taken to the hospital at Borsad and thereafter, she was taken to the well known hospital at Karamsad where she remained as indoor patient and ultimately succumbed to the injuries. Hence, the complaint came to be lodged against the respondent accused.

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