- (1.) THIS appeal is directed against the judgment and order dated 31.05.2013, passed by the learned Additional Sessions Judge, Fast Track Court, Himatnagar (hereinafter referred to as "the Trial Court"), in Sessions Case No.100 of 2002, whereby the respondents, original accused, have been acquitted of the charges under Sections 498A and 306 read with Section 114 of the Indian Penal Code.
(2.) BRIEFLY stated, the facts of the prosecution case are as follows:- 2.1 Deceased Jyotsnaben was married about two years before the filing of the complaint to the elder brother of accused No.1 and the son of accused No.2. Initially, for a period of about four-and-a-half months, her matrimonial life was happy. About four months before the incident, the deceased complained that her brother-in-law respondent No.1 (husband's younger brother), does not permit her to make use of, or touch, appliances such as the refrigerator, television and telephone, in the matrimonial house. Further, he taunts her by saying that she has not brought such articles from her parental house. Respondent No.1 allegedly used to taunt the deceased by calling her a 'rustic' and torture her mentally over small, household-related incidents. On 01.07.2002, the complainant Prakashbhai Manibhai Parmar, uncle of the deceased, was sitting in his shop when he received a telephone call from the deceased, telling him that the accused are harassing and taunting her and he should scold them. On 04.07.2002, the complainant received a telephone call, informing him that the deceased had committed suicide, by hanging herself. The complainant and other family members of the deceased went to her matrimonial house at Ilol and found her hanging from a beam on the ceiling. She was dead. The complainant filed a complaint at Himatnagar Town Police Station on the same day, which was registered as I-C.R.No.233 of 2002. Upon registration of the complaint, investigation commenced. Statements of witnesses were recorded and an inquest was held on the body of the deceased. A Panchnama of the scene of offence was prepared and the body of the deceased was sent for autopsy. At the end of the investigation, as sufficient incriminating material was found against the accused, they came to be charge-sheeted by the learned Chief Judicial Magistrate, Himatnagar. As the offence under Section 306 of the Indian Penal Code is exclusively triable by the Court of Sessions, the learned Magistrate committed it to such Court, where it was registered as Sessions Case No.100 of 2002. The Trial Court framed the charge (Exh.6) against the accused, which was read over and explained to them. The accused denied the allegations against them and claimed to be tried. Accordingly, the trial commenced.
(3.) THE prosecution examined seven witnesses and produced documentary evidence. After the recording of the statements of the prosecution witnesses was over, the allegations contained in them were put to the accused, who denied them in their statements under Section 313 of the Code of Criminal Procedure, 1973. Their defence was that a false case had been thrust upon them.;