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2. The case of the prosecution in nut-shell is that on 4 th April 2013 at about 6:00 p.m., the accused nos.1 to 6 (appellants herein) had quarreled with the deceased complainant Lilaben NEUTRAL CITATION R/CR.A/1149/2016 JUDGMENT DATED: 14/02/2024 undefined Babubhai Vasava and her family members as to why they made a bath-room in the land of the appellants and hurled abuses but the complainant and her family members had not responded to it. Thereafter, in the evening at about 7:15 p.m., when the deceased complainant was alone at her home, at that time, all the accused persons (appellants herein) had again come to her house and started quarreling with the deceased complainant by using abusive language and tried to caught hold of her. She, therefore, ran away to the house of her aunt Savitaben Kanchanbhai Vasava. All the appellants-accused chased the deceased complainant and the appellants nos.3 to 6 caught hold of her at the house of Savitaben and pushed her on the floor, at that time, the appellant no.1 poured kerosene on her body from a can and appellant no.2 set her ablaze by lighting a match- stick. As the deceased complainant started shouting, all the appellants-accused ran away from the scene of offence. The deceased complainant was immediately rushed to the Civil Hospital at Bharuch by her family members, where she was admitted at about 8:45 p.m. An M.L.C. case was registered and the 'wardhi' in this regard was sent to the Jhagadia Police Station, which was entered into station diary by the PSO on 4.4.2013 vide Entry No.16 and a yadi was sent to the Executive NEUTRAL CITATION R/CR.A/1149/2016 JUDGMENT DATED: 14/02/2024 undefined Magistrate for recording of the dying declaration of the injured Lilaben. The PSO, thereafter, informed the PSI Shri Govindbhai Mansingbhai Rathva, who immediately rushed to the hospital and recorded the complaint of the injured Lilaben at 00:30 hours on 5.4.2013.

30. The prosecution has examined PW-17 PSI Shri Govindbhai Mansingbhai Rathwa (Exh.49), who recorded the complaint of the deceased Lilaben, and after registration of the offence, carried out the investigation. According to this witness, on 5.4.2013, in the early morning, he was on duty at the Jhagadia Police Station, and on the basis of the 'wardhi' received from the hospital, he visited the Bharuch Civil Hospital and recorded the complaint of the deceased Lilaben who was admitted in a burns ward, wherein she stated that at about 5:00 p.m. when she was alone at her house, at that time, Jitendra, Ranjit, Haresh, wife of Ranjit, their mother and Raman had come to her house and started quarreling using abusive language, however, she did not respond to it. Thereafter, at about 7:00 p.m. when she was alone at her house, all the aforesaid persons had again come to her house, therefore, she ran away towards the house of her aunt Savitaben Kanchanbhai Vasava (PW8), but all the accused NEUTRAL CITATION R/CR.A/1149/2016 JUDGMENT DATED: 14/02/2024 undefined chased her, caught hold of her and pushed her on the floor. Thereafter, Jitendra poured kerosene on her body and Ranjit set her ablaze. This witness recorded the complaint as per the narration of the complainant and obtained thumb impression of her left hand as her right hand was covered with the bandages. The complaint was produced at Exh.50. In his cross- examination, the witness has stated that he recorded the complaint at 00:30 hours on 5.4.2013. The evidence of this witness clearly established that after receiving the 'wardhi', he visited the hospital and recorded the complaint of the deceased Lilaben at 00:30 hours on 5.4.2013, in which the deceased narrated the entire incident.

38. As evident from the record, on the date of the incident, all the accused had come to the house of the deceased Lilaben at about 5:00 p.m. when she was alone at her house and quarreled with her using abusive language. Thereafter, at about 7:00 p.m. all the accused had again come to the house of the deceased and at that time the accused no.1 was carrying a can of kerosene. Knowing-fully well this fact, all the appellants-accused had come to the house of the deceased Lilaben and started quarreling with her and tried to caught hold of the deceased, therefore, Lilaben ran to the house of her aunt Savitaben and all the appellants- accused chased her and thereafter the accused nos.3 to 6 caught hold of Lilaben; meaning thereby, they restricted the movement of the deceased Lilaben, and at that time, the accused no.1 had poured kerosene on her body and the accused no.2 had set her ablaze by lighting a matchstick. Thus, the presence and participation of all the accused in the offence is established.