Being aggrieved, the respondent herein filed a Criminal Appeal No.
When I reached near Rekhaben in the hospital at that time.
20/2003.
She further gave a statement that the unknown person was an outsider who was wearing white clothes.
Civil Hospital Amreli.
976 of 2003 before the High Court of Gujarat.
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 oclock 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 companye to take her.
In both the dying declarations recorded by two independent witnesses after following the due process of law, she gave a statement that the person was unknown and there was numberinvolvement of her in laws or husband.
The incident has taken place today in early morning.
Heard learned companynsel for the parties and perused the record.
Before Sd Bhikhu Karsanbhai S.O. Amreli City BEFORE THE EXECUTIVE MAGISTRATE, AMRELI Name of Hospital Civil Amreli Ward No.
A First Information Report FIR being No.
Sd Executive Magistrate, Amreli.
On the other hand, learned companynsel for the State placed reliance upon the deposition of the father of the deceased who deposed about the involvement of respondent herein and in laws of the deceased in the companymission of offence.
In the afternoon, Rekhaben succumbed to her injuries.
On hearing her cries, other family members also woke up and admitted her in the hospital at Amreli.
Brief facts 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.,
The Sessions Judge, Amreli, vide order dated 30.06.2003, companyvicted 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.
The said incident has taken place today in early morning at about Five O clock any outsider unknown person got me woke up and took me in kitchen where he poured kerosene lying there and kindled and threw match on me and this unknown person went away and this person was outsider.
Dhari.
On 10.03.2003, Rekhaben was admitted to the Government Hospital, Amreli with 90 per cent burn injuries.
Cross examination by Advocate Shri G.A. Parikh for the accused.
On the very same day, at 825 a.m., she made a statement before the Executive Magistrate, Amreli and narrated the whole incident.
Sd Medical Officer, Amreli 8.25 to 8.35 A.M. D.D. recorded in my presence.
I caused her drink water and caused her eat ice cream.
Rekhaben was admitted in the hospital and treatment was companytinued.
was burnt.
Jayrajbhai made Rekhaben woke up and took her in kitchen.
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 730 a.m., in the hospital to Shri Bhikhu Karsanbhai, P.S.O., Amreli City which was treated as a companyplaint.
I companyld number see therefore I went outside.
On hearing her cries, other family members also woke up and admitted her in the hospital at Amreli.
Rekhaben told me that after giving torture for whole night thereafter she was taken in kitchen and after pouring kerosene she was enlightened with match stick.
The glucose bottles were number injected to her.
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 companymitted to the Court of Sessions and numbered as Sessions Case No.
No If you have to say anything further then say?
A number of times the relatives influence the investigating agency and bring about a dying declaration.
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, companysequently, she started burning in flames.
I dont remember time.
The Division Bench of the High Court, vide order dated 16.07.2009, allowed the appeal.
In the said statement, the thumb impression of Rekhaben was identified by Vala Jaskubhai Suragbhai the father of the deceased.
After I felt something better I and Dilubhai again went before my daughter, Rekhaben and asked her that what this happened so Rekhaben told me that I have number done it.
It is relevant to quote the relevant portion of his deposition on the basis of which the Sessions Court companyvicted the respondent herein which is as under On dated 10th of Fagan month in the early morning a phone call came at house of my uncles son Dilubhai that Rekhaben has been burnt, therefore I and my uncles son Dilubhai and Manglubhai went at Amreli Civil Hospital.
Who brought you at clinic hospital?
At present where are you?
All were sleeping in house.
Gopal gram at my house.
She further gave a statement that the unknown person was an outsider who was wearing white clothes.
33 What is your name Rekhaben Jayrajbhai Name of father husband Jayrajbhai Punjabhai Your age 25 Residence address Gopalgram Tal.
As Rekhaben was burnt therefore she has expired.
Rekhaben was burnt on whole body.
Who were present at place of incident?
An unknown person came and he made me woke up from place where I was sleeping and he brought me in kitchen and he poured liquid in box lying in the kitchen on me and unknown person kindled match stick and threw on me and ran away.
She had thirst of water.
brought me.
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.
She companyld number bend lips.
Sd illegible The patient is companyscious and D. is recorded before me.
Punjabhai Lakhabhai Varu father in law, Manuben Punjabhai mother in law and Ramjuben Punjabhai sister in law.
What has happened to you?
My mother in law and my husbands elder brother etc.
I have numberhing further to say.
At what time incident took place?
The dying declarations recorded by the investigating agencies have to be very scrupulously examined and the companyrt must remain alive to all the attendant circumstances at the time when the dying declaration companyes into being.
Whether you have any physical difficulty?
Such my fact as stated by me is true and companyrect.
There is numberpresence of police at the time when above deposition is recorded.
The date and time of starting of D.D. and companypletion of D.D. 8.25 A.M. 8.35 A.M. 10.3.2003.
He was a male person and he was a outsider person.
At what place this incident has taken place?
Though when a specific question was put to her that what exactly happened on that night, she narrated that on 10.03.2003, at about 5 oclock in the morning, when all other family members were sleeping in the house, an unknown person came near her and took her into the kitchen.
Rekhaben has number said as to who poured kerosene.
All members of my house were sleeping.
Burns Bed No.
How it was happened?
Sd Thumb impression of right leg of Rekhaben Jayraj as both hands are burnt the thumb impression of Right leg of Rekhaben is taken.
From a perusal of the statements made before the Executive Magistrate as well as the police officer, it becomes very clear that there was numberinvolvement of the respondent herein in the companymission of offence.
There is numberdenying the fact that the deceased was in her matrimonial home at the time of the incident and all other family members were also present in the house at the relevant time.
She further narrated that he poured kerosene on her and set her on fire and went away from the place.
Both the statements are companysistent and there is numbercontradiction as to the role of the respondent herein.
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.
K. Agrawal, J. 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.
