The appellate court upheld the acquittal, emphasizing that acquittals should not be disturbed unless there is clear evidence of guilt, reinforcing the presumption of innocence.

JUDGMENT :

BIREN VAISHNAV, J.

1. This appeal has been filed by the appellant State under Section 378 of the Code of Criminal Procedure against the judgment and order of acquittal passed by the learned Additional Sessions Judge, Jamnagar, dated 30.09.2002. By the judgment and order, the learned Trial Court, in Sessions Case No. 114 of 1998, acquitted the respondents-accused for the offenses punishable under Sections 302, 504 read with Section 114 of the Indian Penal Code.

2. The brief case of the prosecution as per the First Information Report is that the accused no. 1-Raghavji Bhagvanji is the son of the deceased Bhagvanji Nanji. He is the second son of the deceased who was staying with his wife, the accused no. 2-Manjuben. The incident occurred as a result of a dispute with regard to the maintenance amount that the accused had agreed to pay to the deceased father. Since the accused did not pay the amount and demand was made by the father Bhagvanji, as per the case of the prosecution, when the father demanded the amount from the son-the accused no. 1, he was told to come to the house in the evening so that the dispute could be settled. When the accused and his wife were at home in the evening and when the father deceased-Bhagvanji approached them, the son-accused no. 1 poured kerosene on his father and set him on fire. When the deceased father was trying to rush out of the home, he was obstructed by the wife of accused no. 1-Manjuben. The deceased succumbed to the injuries. Hence, he was charge-sheeted. The case was committed to the Sessions Court for trial. Upon committal of the case, the learned Sessions Court, Jamnagar, framed charges at Exh.44. The prosecution examined 28 witnesses. It also led documentary evidence. The details of oral as well as documentary evidences are as under:

Oral Evidences

Documentary Evidences