The presumption of innocence strengthens upon acquittal, and an appellate court must find substantial evidence of illegality or perversity to overturn such a decision.

JUDGMENT :

BIREN VAISHNAV, J.

1 This appeal has been filed by the appellant – State under Sec.378(1)(3) of the Criminal Procedure Code, 1973 (hereinafter referred to as “the Code”), against the judgement and order of acquittal passed by the learned Additional Sessions Judge (Fast Track Court), Jamnagar, in Sessions Case No. 106 of 1994 on 01.08.2003, whereby the learned Fast Track Court has acquitted the respondent – accused for the offences punishable under Secs. 498-A and 302 r/w. 114 of the Indian Penal Code.

2. The prosecution case in brief is as under:

2.1 That, on 20.04.1993 at about 1:00 a.m., the complainant was at his home situated in village Lakhabaval. At that time, one Mulabhai Hada and Harjibhai Sidi of Sikka and Amu Jiva of the village of the complainant came to him by taxi and told him that his sister had received burn injuries and also told the complainant to come to Irvin Hospital, upon which, the complainant along with his mother and sister went to Irvin Hospital. When asked by the family of the deceased as to how she received the burn injuries, the deceased gave no answer and was shouting loudly on account of severe pain and suffering.

2.2 The case of the prosecution further is that five years prior to the incident, the accused quarreled with the deceased and drove her out of the house, which compelled the deceased to stay with the complainant for about six months. That, it was only after the intervention of the elderly people of her family, that she went back to the matrimonial home. Further, again prior to one and a half year of the incident, the accused inflicted sticks and kick blows on the deceased and drove her out, due to which, she remained at her parental house for about one year. This time also, due to intervention of the elderly people of the family, she was sent back to the matrimonial home.

2.3 The case of the prosecution further is that, on the occasion of “Satam”, when the deceased had come to her parental home, she informed her family that her husband was not doing any work and was still harassing and torturing her mentally and physically. She also alleged harassment at the hands of accused Nos. 1 and 3, who though were residing separately, used to taunt the deceased.

2.4 It is further the case of the prosecution that on account of mental and physical torture by the accused the deceased committed suicide by pouring kerosene on her and setting herself on fire. The deceased was moved to the hospital, where her dying declaration was recorded by the Executive Magistrate, wherein, she stated that her sister-in-law Devuben burnt her by pouring kerosene in the presence of accused Nos. 1 and 2.

2.5 A complaint in respect of the aforesaid incident was lodged with the Jamnagar Panchkoshi ‘B’ Division Police Station for the offences punishable under Secs.498-A and 302 r/w. 114 of the Indian Penal Code vide I-CR No. 119 of 1993. Necessary investigation was done. The deceased was taken for medical examination for the purposes of proving of the offence and after having found sufficient material against the respondents- accused, charge sheet came to be filed in the Court of Ld.Additional Sessions Judge (Fast Track Court), Jamnagar, which was numbered as chargesheet No. 119 of 1993.

2.6 Upon committal of the case to the Hon’ble Fast Track Court, Jamnagar, the learned Additional Sessions Judge framed charges vide Exh.3 against the respondents-accused for the aforesaid offences. The respondents – accused pleaded not guilty and claim not to be tried. They were tried for the offences and in order to bring home charge, the prosecution has examined 9 prosecution witnesses and also produced various documentary evidences before the Ld.Trial Court. The details of the evidence ie. oral and documentary led by the prosecution are reproduced in the tabular form hereunder:

ORAL EVIDENCE