The burden of proof lies with the prosecution to prove guilt beyond reasonable doubt, and a dying declaration requires corroborative evidence to be deemed reliable.

JUDGMENT :

HASMUKH D. SUTHAR, J.

1 This appeal is directed under Section 378 of the Code of Criminal Procedure (hereinafter referred to as “the Code” for short) against the judgement and order of acquittal dated 19.07.2003 passed by the learned Additional Sessions Judge, Fast Track Court, Dhrangadhra in Sessions Case No.15 of 2000, whereby, the learned Sessions Court acquitted the respondent for the offence punishable under Sections 307 and 302 of the INDIAN PENAL CODE .

2 The following noteworthy facts emerges from the record of the appeal:

2.1 The prosecution case in brief is that the complainant-Hakiben Gagjibhai had illicit relationship with the accused Koli Babubhai Popatbhai of Halvad. They often quarreled with each other during their illicit relationship.

2.2 It is further the case of the prosecution that on 14.04.2009, at about 9:00 PM in the night, when the complainant was present at her home, the accused came on the bicycle and started quarreling with the complainant and on being asked to not to quarrel, the accused got angry on the complainant and in that moment of anger and excitement, sprinkled kerosene on the complainant and set the complainant on fire with matchstick.

2.3 It is further the case of the prosecution that on being burnt by the accused, the complainant started shouting loudly, due to which her sister Lila rushed to the place of offence and extinguished the fire. Thereafter, she was taken to a private hospital and then shifted to Civil Hospital, Morbi for further treatment where, during the treatment the police recorded the statement of the complainant and the Executive Magistrate too recorded her Dying Declaration. The complainant succumbed to the injuries and died on the next day i.e. 15.04.2000.

2.4 Accordingly, FIR being C.R No. 34/2000 was lodged before the Halvad Police Station. At the end of the investigation, chargesheet was filed against the accused before the trial Court. However, since it was a sessions triable offence, the case was committed to Sessions Court and ultimately trial was initiated and charges came to be framed below Exh.15 as under:

On 14.04.2000 at 21:30 pm, as the accused was having affair with the deceased- complainant Hakiben, entered in her home and sprinkled the kerosene and set her ablaze on fire and thereby he has committed an offence under Sec.302 of the INDIAN PENAL CODE .

The accused pleaded not guilty and claimed to be tried.

2.5 At the trial, in order to bring home the charges levelled against the accused, the prosecution examined several witnesses and also relied upon the documentary evidences, which are as under:

List of Oral Evidence:

List of documentary evidences