- (1.) This appeal has been filed against the judgment and order dated 16.07.2009 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 976 of 2003 whereby the High Court allowed the appeal filed by the respondent herein against the judgment and order dated 30.06.2003 passed by the Court of Sessions Judge, Amreli in Sessions Case No. 20/2003.
(2.) Brief facts: (a) Rekhaben (since deceased) was married to Jayrajbhai Punjabhai Varu-the respondent herein and was residing at Gopalgram, Taluka Chalala, Gujarat along with her in-laws, viz., Punjabhai Lakhabhai Varu-father-in-law, Manuben Punjabhai-mother-in-law and Ramjuben Punjabhai-sister-in-law. (b) On 10.03.2003, Rekhaben was admitted to the Government Hospital, Amreli with 90 per cent burn injuries. A First Information Report (FIR) being No. 7/03 got registered under Section 307 of the Indian Penal Code, 1860 (in short 'the IPC') wherein she stated that on 10.03.2003, at about 5 o'clock in the morning, when all other family members were sleeping in the house, an unknown person came near her and told her that he had come to take her. By saying so, he took her into the kitchen, poured kerosene on her and by lighting the matchstick set her on fire and went away from the place and, consequently, she started burning in flames. She further gave a statement that the unknown person was an outsider who was wearing white clothes. On hearing her cries, other family members also woke up and admitted her in the hospital at Amreli. It may be mentioned here that the above said FIR was registered on the basis of the statement given by the deceased herself on 10.03.2003, at about 7:30 a.m., in the hospital to Shri Bhikhu Karsanbhai, P.S.O., Amreli City which was treated as a complaint. In the said statement, the thumb impression of Rekhaben was identified by Vala Jaskubhai Suragbhai the father of the deceased. (c) On the very same day, at 8:25 a.m., she made a statement before the Executive Magistrate, Amreli and narrated the whole incident. In the afternoon, Rekhaben succumbed to her injuries. On the basis of the statement given by the deceased, Jayrajbhai Punjabhai Varu-the respondent herein, Punjabhai Lakhabhai Varu-father-in-law, Manuben Punjabhai-mother-in-law and Ramjuben Punjabhai-sister-in-law were arrayed as accused and a chargesheet was filed under Sections 302, 201 and 34 of the IPC and the case was committed to the Court of Sessions and numbered as Sessions Case No. 20/2003. (d) The Sessions Judge, Amreli, vide order dated 30.06.2003, convicted the husband of the deceased under Section 302 of the IPC and sentenced him to suffer rigorous imprisonment for life while acquitting the other accused persons. (e) Being aggrieved, the respondent herein filed a Criminal Appeal No. 976 of 2003 before the High Court of Gujarat. The Division Bench of the High Court, vide order dated 16.07.2009, allowed the appeal. (f) Aggrieved by the order dated 16.07.2009 acquitting the husband of the deceased of all the charges, the State has filed this appeal by way of special leave before this Court.
(3.) Heard learned counsel for the parties and perused the record.;