M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgement and order of acquittal passed by the learned Additional Sessions Judge and Fast Track Court No. 1, Sabarkantha at Himmatnagar (hereinafter referred to as "the learned trial court" for short) in Sessions Case No. 43 of 2008, by which the learned trial court has acquitted the accused for the offences punishable under sections 302, 307,498A and 504 of Indian Penal Code, the State has preferred present Criminal Appeal.

2. The case of the prosecution, in nutshell, is as under:--

"That one Lalsinh Parbatsinh Chauhah, son of the deceased as well as the son of the original accused lodged a complaint with Himmatnagar Town Police Station against the original accused for the offences punishable under sections 302, 307, 498A and 504 of Indian Penal Code, which was registered as First Information Report being CR No. I-389 of 2007. It was the case on behalf of the prosecution and the original complainant that the original accused was physically and mentally harassing the deceased - wife of the accused, and was quarreling for household work. That on 26/11/2007 in the afternoon at about 16.00 hours, when there was a quarrel, the accused had broken T.V. and therefore, deceased Taraben told him why he has broken T.V. and therefore, the accused got angry, and abused her and with an intention to kill her, threw stove with kerosene on her body, as a result of which she sustained burn injuries. Therefore, it was alleged that the original accused committed offences punishable under sections 302, 307, 498A and 504 of Indian Penal Code."

2.1. That the victim - now deceased, was immediately taken to the Civil Hospital where she was treated by Dr. Manishbhai Amraji Suvera, Medical Officer, Civil Hospital, Himmatnagar. A Vardhi was sent to the Executive Magistrate to record dying declaration of the victim/deceased on 26/11/2007 at about 5.45 PM. The Executive Magistrate recorded dying declaration of the victim/deceased at 18.20 hours on 26/11/2007 itself. The statement of the victim herself was recorded by ASI - Natvarbhai Jodhhabhai Tabiyar - PW No. 14. On the said statement, thumb impression of the victim/deceased Taraben was also taken. The complaint given by the deceased was recorded by said ASI which is at Ex. 33. Before the Executive Magistrate as well as in the complaint which was given by the victim herself, which was recorded by ASI - Natvarbhai Jodhhabhai Tabiyar PW No. 14, victim - deceased has categorically stated that at about 3.30 PM on 26/11/2007, she and her husband were alone in the house and at about 3.30 PM she was preparing tea on the stove and at that time, her husband started abusing her and when she told him not to use abusive language, he started beating her and also broken TV and when she told him not to do the same, her husband became angry and threw burning stove with kerosene on her body, as a result of which she sustained burn injuries.

2.2. That thereafter, investigating officer, during the course of the investigation recorded statements of the concerned witnesses; he collected documentary evidences. The deceased died on 1/12/2007. Therefore, he sent Yadi for inquest panchnama; he also obtained postmortem report; he sent muddamal to the FSL. He also prepared panchnama of the place of incident.

2.3. On conclusion of the investigation, investigating officer filed chargesheet for the offences punishable under sections 302, 307, 498A and 504 of Indian Penal Code.

2.4. As the case was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court, Sabarkantha at Himmatnagar, which was transferred to the Court of learned Additional Sessions Judge and Fast Track Court No. 1, Sabarkantha at Himmatnagar which was registered as Sessions Case No. 43 of 2008.

2.5. That the learned trial court framed Charge