IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 381 of 1998 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO and HONOURABLE MR. JUSTICE DEVAN M. DESAI ================================================================

Approved for Reporting Yes No ================================================================

STATE OF GUJARAT Versus VIJYABA NATVARSINH PARMAR ================================================================

Appearance:

MS CHETNA SHAH, APP for the Appellant(s) No. 1 ADVOCATE NOTICE UNSERVED for the Opponent(s)/Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO and HONOURABLE MR. JUSTICE DEVAN M. DESAI Date : 13/02/2026

JUDGMENT

(PER : HONOURABLE MR. JUSTICE DEVAN M. DESAI)

1. The present appeal is filed by the appellant-State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (for short, “CrPC”) assailing the judgment and order of acquittal dated 05.01.1998 passed by learned Additional Sessions Judge, Rajkot in Sessions Case No.86 of 1988, whereby, respondent-accused came to be acquitted of offence punishable under Section 302 of the Indian Penal Code, 1860 (for short, “IPC”).

2. Heard learned APP Ms. Chetna Shah for the appellant.

Though served, none appeared for and on behalf of respondent/s. Perused the record.

3. The facts of the case are as under:

4. It is the case of prosecution that the complainant Prafulaba daughter-in-law was residing with her husband and accused at Railway colony quarter No.29, Jamnagar Road, Rajkot. She was married before about four months of the incidence. It is further case of prosecution that on 23-6-1988, she was cooking in her house at about 8.00 hours and when she had gone to washroom, accused came behind in bathroom carrying a tin of 5 litre kerosene containing about 2½ litre kerosene and poured kerosene on her. Complainant shouted for help but accused pulled her out from washroom and took her to kitchen and set her to fire by match stick. Complainant had tried to save herself from the hands of her mother-in-law, but she got burns and on hearing shouting, father-in-law and husband complainant and brother-in-law, sister-in-law who were sitting outside home and other persons from the vicinity came there. Complainant was brought to hospital. The complainant further stated in complaint that the accused - mother-in-law used to taunt her at the time of cooking and other house-hold work and she was rebooked, resultantantly, words were to be exchanged between them. Accused was finding fault with her and used to complaint to her husband and because of that her husband stopped talking with her. Brother-in-law Hareshchandra also used to quarrel with her and on date of incident, there was incident of quarrel with the accused at the time of cooking and because of that, she is set to fire.

5. On basis of the complaint of Prafulaba, the offence is registered at Pradhyuman Nagar Police Station and investigation started. At initial stage, the offence was registered for the offence punishable under Section 307 of IPC. The complainant died during treatment in hospital and the offence punishable under Section 302 of IPC is added against the accused and was arrested on 30-6-1988 and sent to Judicial custody. The dead body of the deceased was sent to Medical Officer for post-mortem. The investigating Officer also drew Panchnama of the place of offence and recorded the statements of witnesses and carried out investigation. After completion of investigation, there being sufficient evidence against the accused, she was charge-sheeted in the court of Chief Judicial Magistrate, Rajkot. The learned Chief Judicial Magistrate supplied the copies of papers of investigation to the accused and he found that the case against the accused is exclusively triable by the Court of Sessions, and therefore, committed the case to the Court of Sessions at Rajkot.

6. Charge Exh.1 is read over and explained to the accused