IMPORTANT POINT
The appellate court upheld the acquittal due to insufficient evidence, emphasizing the presumption of innocence and the need for clear proof of guilt.

Headnote:
(A) Code of Criminal Procedure, 1973 - Section 378 - Indian Penal Code, 1860 - Section 302 - Appeal against acquittal - The Trial Court acquitted the accused of murder charges due to insufficient evidence and contradictions in witness testimonies - The appellate court found no grounds to overturn the acquittal, affirming the presumption of innocence. (Paras 1, 9, 13)
(B) Acquittal - Standard of review - The appellate court must respect the trial court's findings unless they are perverse or unsupported by evidence; the presumption of innocence is reinforced by acquittal. (Paras 9, 12)

JUDGMENT :

(Biren Vaishnav, J.)

1. This appeal has been filed by the appellant-State under Section 378 of the Code of Criminal Procedure, 1973, against the judgement and order of acquittal passed by the learned Sessions Judge, Amreli, in Sessions Case No.99 of 1995 on 20.12.1999. By the aforesaid judgement, the Trial Court has acquitted the respondent-accused of the offenses punishable under Section 302 of the Indian Penal Code.

2. The brief case of the prosecution is that on 30.09.1995, at around 15:00 hours, the accused at his house, had sprinkled kerosene on the deceased Manishaben Pravinbhai-the wife of the accused, causing her death by burns. According to the prosecution, the motive of the accused was that he had a doubt that his wife had an illicit relation with the distant relative. The accused was tried for offenses under Section 302 of the Indian Penal Code.

3. In pursuance of the investigation, a First Information Report was lodged with the Bagasara Police Station for the offenses punishable under Section 302 of the Indian Penal Code. During the investigation, several statements were recorded of the witnesses, various panchnamas were drawn including the panchnama of the scene of the offense. Medical evidence was collected for proving the case of the prosecution.

4. Upon committal of the case to the learned Sessions Judge, Amreli, the Sessions Judge framed charges vide Exh.2 against the respondent-accused for the aforesaid offenses. The respondent-accused pleaded not guilty. The prosecution had examined 14 witnesses and produced various documentary evidences. The details of the evidences led by the prosecution are as under:

PW No.	Exh No.	Pg. No.	Name	Remarks	Relevant Para Judgment/ Pg.No.
1	7	51	Dr.AS Vadher, Amreli Civil	P.M.-relevant para 7-Pg.No.54.	Issue-1- pg.156, Issue-2- Para14, pg.159
2	10	61	Natwarlal Nandalal	Panch of Scene of Offence.	Para20,pg.171
3	12	67	Kirtilal Harjivandas	Panch InquestHostile
4	14	74	Lilaben Jilubhai	Panch InquestHostile
5	15	76	Alabhai Devdanbhai	Panch Clothes of deceased
6	17	79	Bhalubhai Nanjibhai	Panch of Arrest and condition Accused-Does not support prosecution case, signed prepared panchanama as per cross-examination.
7	20	85	Jayaben Bavbhai	Mother of Mansukhbhai-who had alleged illicit relationship with deceased	Para-17, pg.164
8	23	95	Mansukhbhai Bavanjibhai	Alleged Illicit relationship with deceased. Cousin of deceased	Para-18, pg.168
9	26	102	Govind Dosalbhai	Relative	Para-22, pg.171
10	29	105	Dadubhai Suragbhai	PSO- Amreli City Police Station, does not know about nonrecording of DD.	Para-22, pg.171
11	36	114	Laljibhai Arjanbhai	H.C. Recorded complaint of the deceased contradictions and unclear whether she could speak or not. Admits no DD could be recorded-relevant pg.115-116	Para-16, pg.161-163
12	39	120	Kiritsinh Bapalsinh	PSI, Bagasra- Does not support prosecution case and gives version of accident as narrated by negihbors.	Para-23, pg.172
13	48	139	Dr.Prahlad Manilal Patel.	Dr. Who treated deceased and accused for burn injuries.	Para-17, pg.166 Para19,pg.170
14	56	144	Dr.B.L. Dabhi	Dr. Who treated accused for burn injuries.

Documentary Evidences

Exh.No.	Pg.No.	Details
2	44	Charge-Frame
5	49	Muddamal list.
8	56	PM Note-Report
18	81	Arrest Panchanama
40	124	Station DiaryAmreli
49	141	Pravin Ramji injury certificate.
50	1