- (1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 28.2.2003 passed by the learned Addl. Sessions Judge,Fast Track Copuort, Jamnagar in Sessions Case No.129/1996, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Section 498 -A,306,354 and 114 of the Indian Penal Code.
(2.) THE brief facts of the prosecution case are that the deceased Kiranba was married to the accused no. 2 Balwansinh Ramsinh @ Mukesh Jadeja one year prior to the incident. They were staying at Port Colony, Vadinar. That accused no. 1 Keshrisinh is the brother -in -law of the deceased and accused no. 3 is the mother -in -law of the deceased. All were staying in a joint family. That on 2.5.1995, the deceased was sleeping in the house, and at about 1.30am in the night, the accused no. 1 dragged the deceased from the cot and tried to commit rape on her. However, as the deceased Kiranba shouted, the other members of the family awakened. On account of this incident, the deceased lost interest in the life and the accused used to harass the deceased mentally and physically. The accused no. 1 was also trying to outrage her modesty. On account of the harassment, on 3.5.1995, Kiranba poured keresone herself on her body and set herself on fire. That she was removed to the Vadinar Hospital, and thereafter shifted to Irvin Hospital, Jamnagar, where, the police recorded the statement of the deceased and the Executive Magistrate also recorded her dying declaration. Ultimately, she succumbed to the burn injuries during treatment. Therefore, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against them, which was numbered as Sessions Case No. 129/1996. The trial was initiated against the respondents.
(3.) TO prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence. At the end of trial, after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned trial Judge acquitted the respondents of all the charges leveled against them by judgment and order dated 28.2.2003.;