STATE OF GUJARAT Vs. SATTAR USMAN MEMAN

JUDGEMENT

(1.) The judgment and order dated 30.06.2005 recording acquittal for the respondents in the offence punishable under Sections 306 , 114 of the Indian Penal Code (for short IPC ) and under Section 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, in Sessions Case No. 34 of 1992 passed by the learned Presiding Officer (Fast Track Court No.5), Rajkot, is assailed in this Appeal under Section 378 of the Code of Criminal Procedure (for short Cr.P.C .).

(2.) The deceased and the respondents were neighbours. The deceased committed suicide on 06.12.1991 by dousing and setting herself ablaze in kerosene. She succumbed to the burn on 09.12.1991, in the hospital. The cause of the extreme steps taken by the deceased was the quarrel by the respondents, more particularly, Kulsumben, concerning the son of the deceased- Jitendra and the son of the respondents-Taufik. The respondents were charged with frequent assault and the beating to the deceased. They allegedly quarreled with the deceased on 06.12.1991 after dragging her out by her hairs and told her to die and also told her that "bhils (Scheduled Tribes) should not stay here".

(3.) To sustain the charge the prosecution relied upon the documentary and oral evidence adduced before the court below. Two dying declarations being Exh.-52 recorded by the Executive Magistrate, Rajkot and Exh.-56 recorded by witness Pravinbhai Vaghela - Police Sub-Inspector as also two oral dying declarations respectively made by the deceased to her husband - Panch Witness- 1 and her brother-in-law - Panch Witness-2 were also relied upon.