STATE OF GUJARAT Vs. MAGANBHAI DHANABHAI KOIL

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 18.1.1995 passed by the learned Sessions Judge, Rajkot, in Sessions Case No.316 of 1993, whereby the accused have been acquitted from the charges leveled against them.

(2.) AS per the case of the prosecution, the deceased Pankhuben was married with accused No.2 and accused Nos.1 and 3 are fatherinlaw and motherinlaw of the deceased respectively. The accused persons gave harassment mentally and physically to the deceased and therefore, she was compelled to adopt the way of suicide and therefore, she jumped into the well and died. Therefore, the offence under Sections 498(A), 306 and 114 of the Indian Penal Code was registered against the accused. Thereafter, necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them before the court of learned Judicial Magistrate. Thereafter, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court, which was numbered as Sessions Case No.316 of 1993. The trial was initiated against the respondents accused.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.