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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GITA GOPI, UTKARSH THAKORBHAI DESAI
State of Gujarat – Appellant
Versus
Jerambhai Dhudabhai Prajapati – Respondent
JUDGMENT :
GITA GOPI, J.
1. The State has filed the present appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’ for short) challenging the judgment and order of acquittal dated 09.11.2004 passed by the Fast Track Court, Dhrangadhra in Sessions Case No.41 of 1999, wherein three accused were put to trial under Section 302 and 120B of the Indian Penal Code (for short ‘IPC’).
2. The FIR as C.R. No.1 of 1997 was registered with Dasada Police Station under Sections 302 and 452 of IPC by Dhudiben Nanjibhai Prajapati in Civil Hospital on 05.01.1997. It had been alleged by her that at 10:00 p.m. in the night hours, the complainant and her son Mahendra were sleeping in the house, the complainant – husband was sleeping in the ‘Varanda’. During the night hours the complainant had gone to answer nature’s call outside the house. When she came back in the house at that time, her uncle in-law - accused No.1 came in the house and poured kerosene on her and set her ablazed. As as result, complainant received burn injuries. The complainant was shifted to Becharaji Hospital and from there, she was taken to Mahesana Civil Hospital, where she had
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