The appellate court affirmed that an acquittal should stand unless the lower court's decision is fundamentally flawed, highlighting the principle of presumption of innocence.

JUDGMENT :

D. M. Vyas, J.

1. This acquittal appeal is preferred by the State of Gujarat under Section 378 of the CRIMINAL PROCEDURE CODE (‘the CRPC’ for short) against the judgment and order dated 08/10/2012 passed by the learned 2^nd Additional Sessions Judge, Surendranagar in Sessions Case No.48 of 2011 wherein, the respondents-original accused no.1 Ramaben @ Saguben Ranjitbhai Chu.Koli, accused no.2, Jerambhai Ishwarbhai Chu.Koli, came to be tried for the offences punishable under Sections 302 , 306, 323, 504, 506(2) read with Section 114 of the INDIAN PENAL CODE , 1860 (‘the IPC for short). At the end of the trial, the trial court acquitted the respondents from all the charges giving the benefit of doubt.

2. Brief facts of the case, giving rise to the present appeal, are as under:

3. It is the case of the prosecution that on 10/03/2011, the complainant Janakben Gelabhai Solanki, mother of the deceased Jashuben went for making bread at Bhavna Roadways where at about 8:00 p.m., her son-in-law Dhirubhai came there on bicycle and took her on bicycle for home. At about 8:45 p.m., they have reached at the house and at that time, mob of persons are gathered near the house. The complainant inquired about the same. Her neighbours Bayaben, Babubhai and her son Kana informed her that about 7:30 p.m. when Jashuben went at the shop of Jayeshbhai, at that time, on road, Saguben and Ranjitbhai quarreled with Jashuben and dragged her by holding her hair. Thereafter, Jashuben came home and behind her, Saguben also came home quarreled with her and broken her bangles. At that time, her younger son Kano was also present at home and Saguben sent him outside the room by threatening him. Thereafter, Saguben went from there after beating Jashuben and after sometime, Jashuben poured kerosene on her body and set herself on fire. In fired condition, she came outside the house. Therefore, Somabhai and other persons put rajai on her and extinguished the fire. Thereafter, son-in-law of the complainant and other relatives took Jashuben at Gandhi Hospital where daughter of the complainant declared dead. Therefore, complaint was lodged by the complainant.

4. It is further alleged that from last three months, the son- in-law (A-2) of Saguben pressurized the deceased for living with him and also threatened to the deceased.

5. After registration of the FIR for the aforesaid offences, necessary investigation was carried out. During the course of investigation, as sufficient material was found against the accused, ultimately, charge sheet was filed before the concerned magistrate court. However, as the case being exclusively sessions triable, the same was committed before the Sessions Court, Surendranagar as per the provisions of Section 209 of the CRIMINAL PROCEDURE CODE where the case was registered as Sessions Case No.48 of 2011.

6. During the trial, an application vide Exh.35 was filed for adding the charge under Section 302 read with Section 114 of the IPC. The same is allowed and opportunity of further cross examination of material witnesses of the prosecution was given.

7. The learned trial court framed the charges of the alleged offences against the accused but the accused have pleaded not guilty. Thereafter, the trial was initiated.

8. To prove the charges against the respondent accused, the prosecution admits the following documentary as well as oral evidences in support of the case.

Oral evidences:-