JUDGMENT (CAV)

Rajendra M. Sareen, J.—This appeal is filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 15.07.2016, passed in Sessions Case No. 45 of 2012 by the learned 6th Additional Sessions Judge, Jamnagar recording the acquittal.

2. Facts in brief are that on 03.08.2011 in the morning hours, when complainant was coming towards Jamnagar from Jabalpur, when he reached near Lalpur Chowkdi, has received telephonic message that his mother - Pravinaba has received burn injuries and she is admitted in GG Hospital, Jamnagar. When he reached the hospital, his mother was in burnt condition and she had stated to the complainant that on 03.08.2011 at about 6:00 a.m., when she was going for latrine, their neighbour Hajuben, who is accused No.1 in this case came out from her house and started combing her hair in front of deceased Pravinaben. Hence, she felt that accused No.1 will do something to her and therefore, she went to her house and took out kerosene tin and went to the kitchen of accused No.1, poured kerosene on herself and burnt herself. Therefore, case of the complainant is that his mother decea