STATE OF GUJARAT Vs. HARSHADBHAI MANEKBHAI MANDALIYA

JUDGEMENT

(1.) The appellant State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 06.10.2006 rendered by the learned Additional Sessions Judge, Fast Track Court No.8, Rajkot in Sessions Case No.56 of 2006.

(2.) The short facts giving rise to the present appeal are that on 7.03.2006 at about 11.00 at night complainant was at home along with her mother-in-law, at that time her husband came from outside. He was very excited and angry, he picked-up quarrel with complainant. Complainant felt that her husband was drunk. Meanwhile, her mother-in-law intervened and started beating. Since she felt unhappy and could not bear the torture of her husband, she went inside the room and closed the door from inside, picked up kerosene pot and ignited the match stick on herself. Thereafter, her mother-in-law and other persons extinguished fire. At about 2.50 a.m., first information was recorded. At 3.45 a.m. Deputy Mamlatdar and Executive Magistrate came there for recording dying declaration. On this facts, dying declaration was recorded. On 09.03.2006 complainant died. The investigating officer completed investigation and submitted the report under Section 173 of the Code of Criminal Procedure to the Judicial Magistrate, First Class, stating inter alia that the accused has committed offences punishable under Sections 306,323 and 498(A) of the Indian Penal Code.

(3.) The charge was framed against the accused.