The main legal point established in the judgment is the requirement for satisfactory evidence to prove the accused's guilt beyond a reasonable doubt.

JUDGMENT

V. G. Bisht, J. - This appeal has been preferred by the State challenging the judgment and order of acquittal dated 17th May, 2003 passed in Sessions Case No. 35 of 2002 by learned Sessions Judge, Nashik for the offences punishable under Sections 302 and 451 read with 34 of the Indian Penal Code, 1860 (for short "IPC").

2. The prosecution case in short is that, on 13th April, 2002 the informant had been to Trimbakeshwar in order to fetch his daughter. At about 6.45 p.m. in the evening, one Vishnu More of informant's village informed the elder brother of the informant that his sister-in-law i.e. wife of informant had sustained burn injuries. Therefore, all of them rushed to Civil Hospital, Nashik. The informant found that his wife, namely, Ramabai (since deceased) was totally burnt. At about 11.05 p.m. in the night she succumbed to burn injuries.

3. On 14th April, 2002 after performing the last rites, the informant and others enquired with informant's sons, namely, Mohan (PW-4) and Chandrakant (PW-2) as to how it had happened. Chandrakant (PW-2) then informed that his brother Mohan (PW-4) had gone to village and at the relevant time, he and deceased were in the house. On 13th April, 2002 at about 6.00 p.m., the villagers, namely, Balu Vishnu Gaikwad (A-2) and Vishnu Dagadu Gaikwad (A-1) visited their house and demanded contribution to celebrate Ambedkar Jayanti. As the deceased expressed inability, the accused got annoyed. A-2 then got caught hold of the deceased by her saree and A-1 after catching out her both hands poured kerosene and set her ablaze.

4. Later on, the informant and others visited Nashik Taluka Police Station and accordingly lodged the report. On the basis of which Crime No. 27 of 2002 for the offences punishable under Sections 302, 451 read with 34 of IPC came to be registered against all the accused.

5. It appears from the record that PW-6 Investigating Officer on being asked visited the place of occurrence and prepared spot panchnama (Exh. 23) and also recorded the statements of informant and his sons. It further appears from the record that thereafter PW-7 Investigating Officer took over investigation and also recorded the statements of two witnesses, forwarded seized articles to Chemical Analyzer and after completion of investigation, submitted the chargesheet against the accused.

6. In order to bring home the charge, the prosecution examined in all 7 witnesses and exhibited number of documents. The respondents-accused were questioned under Section 313 of the Code of Criminal Procedure, 1973 (for short, "the Cr.P.C.") about the incriminating evidence and the circumstances and they denied all of them as false. According to them, the deceased herself poured kerosene on her person and set her ablaze due to domestic problems. They further submitted that a false case is filed against them.

7. Mr.Konde-Deshkukh, learned APP representing the State, submitted that the learned trial Judge erred in not believing the version of PW-2- son, who had witnessed the whole incident. Moreover, the evidence of PW-2 has not been shattered in any manner in the cross-examination and therefore, the learned trial Judge ought to have convicted the accused. As the learned trial Judge has failed to appreciate the case in proper perspective, the impugned judgment and order of acquittal deserves to be set aside, argued learned APP.

8. None appeared for the respondents-accused.

9. First, we shall refer the postmortem report prepared by PW-3.

10. Pw-3 Dr. Yuvraj Hari Pawar states in his evidence (Exh. 25) that on 14th April, 2002 he conducted postmortem on the dead body of Ramabai Bhika Gaikwad. The deceased had sustained 94% burn injuries. According to him, the cause of death was shock due to 94% injuries. He then proved the postmortem report at Exh. 26.

11. There is no dispute from the side of defence that the deceased died due to burn injuries. The only question which is to be determined in the light of accusations made by prosecution i