STATE OF GUJARAT Vs. ARJANBHAI SIDIBHAI MUCHHADIYA

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 15.9.2006 rendered by learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 11, Gondal Camp at Dhoraji in Sessions Case No. 61 of 2000.

(2.) At the outset, Mr. P.B. Khanderia, learned advocate appearing for the respondents No. 1 and 2 submitted that the respondent N0.1 Arjan Siddibhai Muchhadia died on 30.10.2011 and he placed on record the death certificate which is ordered to be taken on record. Consequently, therefore, the appeal finally stands abated against respondent no.1.

(3.) The short facts giving rise to the present appeal are that the case of the prosecution is that on the day of incident i.e. 27.8.1999, at about 5.30 a.m. the deceased Maheshbhai Nathabhai Parmar sprinkle kerosene on his own body and set on fire himself. Thereafter, immediately he was shifted to Dhoraji Civil Hospital for the treatment. The condition of the deceased was very serious therefore for better treatment, he was referred to Jamnagar Civil Hospital. On 29.9.1999 at about 3.35 a.m. in early morning during the course of the treatment, Maheshbhai died. On 27.8.1999 during the 3.00 to 4.00 a.m. complaint was registered in Dhoraji Police Station. In his complaint, Maheshbhai has stated that he committed suicide due to the intimidation of accused No.1 and accused no.2 who asked the deceased that "you have to die otherwise we will kill you". By this sentence, the deceased feared and killed himself by pouring kerosene on his body and set on fire himself.