The appellate court upheld the trial Court's acquittal, emphasizing the presumption of innocence and the necessity for credible evidence, particularly regarding dying declarations.

JUDGMENT :

Hemant M. Prachchhak, J.

1. The present appeal is filed by the appellant – State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code against the impugned judgment and order dated 18.04.2009 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Patan (hereinafter referred to as “the trial Court”) in Sessions Case No.60 of 2008 whereby the trial Court acquitted the accused from the charges levelled against the accused for the offences punishable under Section 498A, 323, 306, 114 etc of the Indian Penal Code.

2. Brief facts of the present case are, in nutshell, as under:-

2.1 It is the case of the prosecution that on 26.06.2008 at about 12.15 hours Alkaben married with accused No.1 and out of the said wedlock, they have two children i.e. one daughter namely Sonal @ Swati aged about 15 years and one son namely Hardik aged about 12 years and the marriage span of 19 years. It is also the case of the prosecution that Alkaben was residing separately with her husband and two children at Village: Kundher. That because of the dislike her by the the accused – husband, who was compelled her to keep illicit relation with others and for which, other accused abetted in the alleged offences and also accused No.4 along with others were in bad intention towards the daughter Sonal @ Swati. All accused connivance with each other were giving ill-treatment and torture to the deceased and on account of the said reason, the deceased committed suicide by pouring kerosene on herself. That thereafter, the deceased was shifted to nearby hospital in injured condition by their relatives and she has given / registered the First Information Report at Exhibit 63 as considered the same as dying declaration and the said offence came to be registered. It is further the case of the prosecution that on 26.06.2008, the deceased sustained burn injury and, thereafter, almost twenty days i.e. on 18.07.2008, the deceased succumbed to the injury in the hospital at Mehsana for the alleged offence.

3. A complaint came to be registered as C.R.No.I-123 of 2008 at Patan City “A” Division Police Station for the aforesaid offences. During the investigation, the accused was arrested.

4. After completion of investigation, as the sufficient evidence was found, the police has arrested the accused and has filed the charge-sheet against the accused before the Judicial Magistrate (First Class), Patan wherein it was registered as Criminal Case No.4880 of 2008. As the offence was triable by the Court of Sessions, the Judicial Magistrate (First Class) has committed the case under Section 209 of the Criminal Procedure Code to the Court of Sessions wherein it has been registered as Sessions Case No.60 of 2008.

5. The charge against the accused came to be framed by the trial Court vide Exhibit 6 for the aforesaid offences. On being explained it to them, the accused pleaded not guilty to the charge and pleaded for trial. Hence, the case was tried by the trial Court.

6. It appears from the records that the prosecution has examined the following witnesses:-