STATE OF GUJARAT Vs. PARMAR GOVIND HARJI

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 25.02.1994 passed by the Additional Sessions Judge, Bhavnagar (hereinafter referred to as "the Sessions Court") in Sessions Case No. 163 of 1991, whereby the respondents-accused Nos. 1,2 and 3 have been acquitted from the charges levelled against them for the offences punishable under Sections 498A read with 114, 304B read with 114, and Section 302 read with 114 and the respondents-accused Nos. 4 and 5 have been acquitted from the charges leveled against them for the offences punishable under Section 498A of IPC. As such the respondent No. 5 Dhudhiben has expired during the pendency of the Appeal and therefore the appeal has stood abated qua the respondent No. 5.

(2.) At the outset, it may be stated that initially the charge-sheet was filed by the Investigating Officer against the respondents-accused Nos. 1-3 only and accordingly charge was framed by the Sessions Court at Exh. 3 against the said three accused, however during the course of the trial the respondents-accused Nos. 4 and 5 were added as the accused and the supplementary charge was framed against the said accused on 01.09.1993. Accordingly the trial had proceeded against all the five accused and the Sessions Court after appreciating the evidence on record acquitted all the accused from the respective charges leveled against them vide the impugned judgment and order dated 25.02.1994.

(3.) The case of the prosecution in nutshell was that the deceased-Meenaben Govind Harji happened to be the wife of the accused no. 1 Parmar Govind Harji, sister-in-law(Bhabhi) of the accused No. 2 Parmar Damuben @ Damayanti Hirji and accused no. 3 Rathod Ranjanben, and happened to be the daughter-in-law of the accused No. 4 Harjibhai Dudhabhai and accused No. 5 Dudhiben wife of Harjibhai. The accused No. 1 had married the deceased- Meenaben on 30.05.1991 and after the marriage the deceased was staying with her in-laws at Savarkundla. It was further the case of the prosecution that on the fateful day of the incident i.e. on 13.09.1991 at about 6:00 a.m. the deceased was doing her routine work near the almond tree grown in the open area of the accused's house and at that time the accused Nos. 2 and 3 poured kerosene oil on her. Thereafter, the accused No. 3 caught hold of the said Meenaben and accused No. 2 set her ablaze by lighting the matchstick in presence of the accused No. 1. As a result thereof, the said Meenaben received serious burn injuries and she succumbed to the said injuries on 14.09.1991, during the course of her treatment at the K K Hospital, Savarkundla. When Meenaben was admitted in the hospital, the Executive Magistrate was called to record her dying declaration and the same was recorded in the question and answer form at about 8:55 a.m. on 13.09.1991. Thereafter, her complaint came to be recorded by the Police Inspector, Savarkundla Police Station at about 10.45 a.m. which was registered against the accused nos. 1,2 and 3 for the offences punishable under Sections 302, 304B, 498A and 114 of the IPC. The Investigating Officer after collecting sufficient evidence against the said three accused submitted the charge-sheet in the Court of Judicial Magistrate First Class, Savarkundla, who committed the case to the Sessions Court. The same was registered as Sessions Case No. 163 of 1991.