STATE OF GUJARAT Vs. PATEL HIRALAL JOITARAM

JUDGEMENT

(1.) At the commencement of our judgment, we are constrained to observe out of factual scenario emerging from the record of the present case and evaluation of the impugned acquittal judgment whereby the respondent-original accused came to be acquitted from the charge of offence of murder, that sensitisation to the issue of gender equality is not the relic of the past but the living force of the day.

(2.) The manner and mode in which gruesome and cruel offence in question, is committed in the broad, daylight in a public street, putting a helpless lady to fire after openly and boldly pouring kerosene on her anatomy and the manner and mode in which evaluation and analysis of the testimonial collections and documentary evidence is made by the learned Trial Judge, unfortunately, led us to raise the aforesaid question.

(3.) A short but relevant and material spectrum and conspectus of the facts giving rise to this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Code') at the instance of the appellant-State against the order of acquittal recorded by the learned Additional Sessions Judge in Sessions Case No. 37 of 1989, on 8.1.1991 may be articulated, at this stage, with a view to appreciating the merits of the appeal, on hand, and challenge against it.