JUDGMENT

R.K. Agrawal, J.

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