VAKTUSINGH B CHAUHAN Vs. GAJJAR KANSINGH GADHIYA
HIGH COURT OF GUJARAT
Vaktusingh B Chauhan
Gajjar Kansingh Gadhiya
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(1.) None present for the petitioner.
(2.) The petitioner has questioned the order dated 06.11.2007 passed by the learned Additional Sessions Judge, Sabarkantha at
Himmatnagar acquitting respondent nos.1 to 4 for the offences
punishable under Sections 498A, 306, 323 and 114 of the Indian
Penal Code and Sections 3 and 7 of the Dowry Prohibition Act. The
Sessions Court after appreciating the evidence found various
infirmities therein and there is nothing on record which will require
interference under Section 397 of the Code of Criminal Procedure,
1973. It was noticed by the Trial Court that the allegation as regards dowry could not be established by the witnesses and in
fact, evidence suggested that there was no demand for dowry.
There was also no evidence for ill -treatment to the deceased. The
evidence suggested that the deceased was not able to adjust with
her in -laws and it was admitted position that time and again,
efforts were made by her in -laws to get her back at her in -laws
place. The evidence was found to be vague and general by the
(3.) Learned counsel for the second respondent places on record the original affidavit suggesting that the petitioner has settled the
matter with respondent no.2 who is the father of respondent no.1.
From the affidavit, it appears that the petitioner had two daughters
married in the same village. It also indicates that the gifts of
marriage are also handed back to the petitioner. It also appears
that one more petition being Hindu Marriage Petition No.50 of
2012 instituted by the sister of the deceased is also settled.;
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