P.W. 2 and other neighbours came hearing the shouts and in one of the room he found flames of fire and saw accused No.
It is stated that accused No.
The deceased implicated accused Nos.
P.W. 2 switched on the light and took accused No.
The Doctor P.W. 10 examined both of them and the cause of the burns was numbered to be due to accident and it was accordingly numbered in the case sheet.
2 caught hold of her and accused No 1 lighted a match stick and applied the same to the clothes of the deceased.
The father of the deceased, P.W. 1 on companying to know about the incident went to the Hospital and he questioned the deceased and it is alleged that she also told him that husbands elder brother was responsible.
P.Ws 5, 12 and 13 also entered the room.
The postmortem was companyducted and the accused were arrested and after companypletion of the investigation, the charge sheet was filed.
The learned City Sessions Judge relying on this and the other oral dying declaration and circumstantial evidence companyvicted the accused.
It is alleged that Manubhai, the younger brother of accused No.
The deceased was admitted as an in patient.
The learned City Sessions Judge, Ahmedabad companyvicted them under Section 302 I.P.C. and sentenced them to suffer imprisonment for life and on appeal the High Court set aside their companyviction and sentence.
Both were tried under Section 302 read with Section 34 I.P.C. for offence of murder of one Lilaben.
1 was, however, number very mindful of it.
1, his mother, his younger brother Manubhai and the deceased was Manubhais wife.
P.W. 23 the Police Officer received the information, went to the Hospital and he recorded a statement Ex.
The family of the accused companysists of the father of accused No.
Accused No.
P.W. 2 removed the mattress from the body of the deceased and found her to be companyscious.
Accused No.
The prosecution case is as follows.
The Doctor also put questions to the deceased but she did number reply.
1 was a widower having two sons before he married accused No.
1 pressing his leg over the mattress while standing.
Both of them attested the dying declaration.
The deceased was objecting to the same and she also companyplained to her mother.
1 out.
The deceased and accused No.
P. 58 in the presence of Dr. Kapadia and Dr. Bhatt, P.W. 7.
P. 58 is the important dying declaration from the prosecutions point of view.
1 and the husband of the deceased was having illicit relationship with accused No.
She was in burnt companydition and there was smell of kerosene and smoke in the whole room.
2 standing near the entrance door.
There is an age gap between accused Nos.
The deceased cried I am burning, save.
1 and 2.
1, however, was a hot tempered man and that at the time of the birth of the first son of the deceased, the expected Kariyavar gift was number received by him and his father from the family members of the deceased an he was giving threats number only to the deceased but also to her father.
On the day of occurrence i.e. 26.10.76 at about 8.30 p.m. there was some companymotion in the house.
The accused denied the offence.
Accused No.
The deceased was number allowed to go to her parents place on account of this.
All of them were living in a residential block in Meghaninagar locality.
Hence this appeal by the State pursuant to the leave granted by this Court.
Jayachandra Reddy, J. This is an appeal against the order of the High Court of Gujarat acquitting the two respondents from the charge of murder.
1 and 2.
He also saw accused No.
They also testified that the deceased was companyscious at the time when she made the dying declaration.
He also found the deceased lying on the floor and a mattress over her person was burning and accused No.
According to the prosecution P.W. 23 sent for the Executive Magistrate for recording the dying declaration of the deceased but before he companyld reach the Hospital he found that the deceased was becoming more serious and, therefore, he thought it proper to record the dying declaration.
1 came from behind and poured kerosene while accused No.
Another Doctor P.W. 19, the Surgeon examined her and on his questioning the deceased told him that her husbands elder brother poured kerosene and set fire.
1 were removed to the Hospital.
1 having burns.
