ORAL JUDGMENT

1. The present appeal is directed against the judgment and order dated 02.07.1997, passed by the learned Assistant Sessions Judge, Gondal, in Sessions Case No.154/1992, whereby all three respondents (original accused) have been acquitted of the charges under Sections-306, 498A, 354 and 114 of the Indian Penal Code.

2. The case of the prosecution is based upon the complaint dated 16.04.1992, registered as C.R.No.I- 38/1992, at Upleta Police Station. The complainant is Champaben (the deceased), who subsequently died of burn injuries, on 06.05.1992. As per the case of the prosecution, the deceased was working as a Sweeper in Upleta Nagarpalika, on daily-wage basis. She used to earn about Rs.775/- per month. Her marriage had taken place about nine years ago. The deceased had three sons from the said wedlock. Her husband had committed suicide by hanging himself, about five months before the filing of the complaint. The deceased has stated in the complaint that respondent No.3 Jayanti Ratna, who is the son of her uncle-in-law and lives next door to her, was also working as a Sweeper in the Nagarpalika. On 14.04.1992, at about 2.30 p.m., he asked her to accompany him to watch a film when she was at work. The deceased refused to do so. After her work was over at about 5.30 p.m., the deceased went home. At about 11.30 p.m., respondent No.3 came to her house. He caught hold of her arm and told her to give him one chance. The allegation is that respondent No.3 made an illicit demand to the deceased, which was rejected by her. Thereafter, on 15.04.1992, at about 11.30 p.m., respondent No.3 again came to the house of the deceased and woke her up. He reiterated his illicit demand and caught hold of the arm of the deceased. Two friends of the late husband of the deceased, Vinodbhai and Dineshbhai, were passing by. Upon seeing respondent No.3, they stopped. The deceased told them that respondent No.3 is harassing her. It is further the case of the prosecution that respondents Nos.1 and 2, father-in-law and mother-in-law of the deceased used to taunt the deceased by calling her “characterless”, and in that manner inflicted mental torture upon her. On 16.04.1992, the deceased went for her work in the morning. At about 11.30 a.m., she returned home. At about 11.45 a.m., respondent No.3 came to her house and caught hold of her arm. He again made an illicit demand. The deceased, being fed up of the taunts given by respondents Nos.1 and 2, and the harassment caused by respondent No.3 by making illicit demands from her, poured kerosene on her body and set herself ablaze with a matchstick. On the same day, that is, 16.04.1992, the Dying Declaration of the deceased was recorded by an Executive Magistrate. The Dying Declaration is in question-and-answer form. The deceased has stated that the respondents are harassing her for the last eight days. The deceased has further stated that respondent No.3 was after her to live with him, and respondents Nos.1 and 2 were encouraging his demands. For this reason, she has committed suicide.

3. After the registration of the complaint, the investigative machinery swung into motion. Statements of witnesses were recorded. An Inquest was performed on the dead body of the deceased, which was sent for autopsy. A Panchnama of the scene of offence was prepared. At the end of the investigation, as sufficient incriminating evidence was found against the accused, they came to be charge-sheeted before the Court of learned Judicial Magistrate, First Class, Upleta. As the offence under Section-306 of the Indian Penal Code is exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the learned Assistant Sessions Judge, Gondal (hereinafter referred to as “the Trial Court”). The Trial Court framed the charge against the accused, at Exhibit-1, on 29.05.1997. It was read over and explained to the accused, who denied their guilt and claimed to be tried. Accordingly, the case was put to