REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1236 OF 2010

State of Gujarat

.... Appellant(s)

Versus

Jayrajbhai Punjabhai Varu

.... Respondent(s)

J U D G M E N T

R.K. Agrawal, J.

1)

This appeal has been filed against the judgment and

order dated 16.07.2009 passed by the High Court of Gujarat

at Ahmedabad in Criminal Appeal No. 976 of 2003 whereby

the High Court allowed the appeal filed by the respondent

herein against the judgment and order dated 30.06.2003

passed by the Court of Sessions Judge, Amreli in Sessions

Case No. 20/2003.

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Digitally signed by

SANJAY KUMAR

Date: 2016.07.11

17:03:17 IST

Reason:

Signature Not Verified

2)

Brief facts:

(a)

Rekhaben (since deceased) was married to Jayrajbhai

Punjabhai Varu-the respondent herein and was residing at

Gopalgram, Taluka Chalala, Gujarat along with her in-laws,

viz., Punjabhai Lakhabhai Varu-father-in-law, Manuben

Punjabhai-mother-in-law

and

Ramjuben

Punjabhai-sister-in-law.

(b)

On 10.03.2003, Rekhaben was admitted to the

Government Hospital, Amreli with 90 per cent burn injuries.

A First Information Report (FIR) being No. 7/03 got registered

under Section 307 of the Indian Penal Code, 1860 (in short

‘the IPC’) wherein she stated that on 10.03.2003, at about 5

o’clock in the morning, when all other family members were

sleeping in the house, an unknown person came near her and

told her that he had come to take her. By saying so, he took

her into the kitchen, poured kerosene on her and by lighting

the matchstick set her on fire and went away from the place

and, consequently, she started burning in flames. She further

gave a statement that the unknown person was an outsider

who was wearing white clothes. On hearing her cries, other

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family members also woke up and admitted her in the hospital

at Amreli. It may be mentioned here that the above said FIR

was registered on the basis of the statement given by the

deceased herself on 10.03.2003, at about 7:30 a.m., in the

hospital to Shri Bhikhu Karsanbhai, P.S.O., Amreli City which

was treated as a complaint. In the said statement, the thumb

impression of Rekhaben was identified by Vala Jaskubhai

Suragbhai – the father of the deceased.

(c)

On the very same day, at 8:25 a.m., she made a

statement before the Executive Magistrate, Amreli and

narrated the whole incident. In the afternoon, Rekhaben

succumbed to her injuries. On the basis of the statement

given by the deceased, Jayrajbhai Punjabhai Varu-the

respondent herein, Punjabhai Lakhabhai Varu-father-in-law,

Manuben

Punjabhai-mother-in-law

and

Ramjuben

Punjabhai-sister-in-law were arrayed as accused and a

chargesheet was filed under Sections 302, 201 and 34 of the

IPC and the case was committed to the Court of Sessions and

numbered as Sessions Case No. 20/2003.

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(d)

The Sessions Judge, Amreli, vide order dated 30.06.2003,

convicted the husband of the deceased under Section 302 of

the IPC and sentenced him to suffer rigorous imprisonment for

life while acquitting the other accused persons.

(e)

Being aggrieved, the respondent herein filed a Criminal

Appeal No. 976 of 2003 before the High Court of Gujarat. The

Division Bench of the High Court, vide order dated

16.07.2009, allowed the appeal.

(f)

Aggrieved by the order dated 16.07.2009 acquitting the

husband of the deceased of all the charges, the State has filed

this appeal by way of special leave before this Court.

3)

Heard learned counsel for the parties and perused the

record.

4)

Learned counsel for the respondent-State submitted that

the relations between the deceased and the respondent herein

were strained and the deceased was compelled to withdraw

from her matrimonial home several times. The deposition of

Jaskubhai Suragbhai (PW-1)-father of the deceased shows

that she was sub