Decided on September 05,2014

Nelson Adward Volter Respondents


- (1.) PRESENT appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973 ('the Code' for brevity) has been directed against judgment and order dated 12/09/2003 passed by the learned Additional Sessions Judge, Jamnagar in Sessions Case No. 63 of 1998 whereby, the learned trial Judge was pleased to acquit the respondent herein original accused from the offence punishable under Sections 306 and 498A of the Indian Penal Code, 1860.
(2.) HEARD Mr. K. L. Pandya, learned Additional Public Prosecutor, for the appellant State of Gujarat and Mr. Kirit J. Macwan, learned advocate for the respondent original accused.
(3.) BRIEF facts of the prosecution case are that deceased Valentina, daughter of complainant Shashibala, residing at Zalod, was serving at Irvin Hospital at Jamnagar as a Staff Nurse. The deceased used to visit the complainant on Christmas and on holidays. It is the case of the prosecution that the respondent accused was serving as a school teacher at Jamnagar. The deceased and the respondent accused had a love affair and were living together, without marriage. That on 04/01/1998 the deceased and the respondent accused had visited the house of the complainant and at that time, the complainant scolded them as they were thus moving together without marriage. Due to scolding, they went away from there on 05/01/1998 without intimating anybody. Then, on 27/01/1998, the complainant received a letter from the deceased narrating that the deceased and the respondent had got married in the Court at Nadiad on 08/01/1998. She had further written in the same that the respondent accused did not do anything and beating her on the suspicion of her character, addressing her as prostitute. She had further stated that she had a huge debts and requested the complainant to send Rs.2,000/else, the respondent accused would kill her. As the complainant did not have money, she did not send money to the deceased and hence, the deceased wrote another letter to the complainant, from which, it could transpire that the deceased was being subjected to cruelty by the respondent accused. The complainant replied the letter and consoled her saying that everything would be alright. Thereafter, on 25/02/1998, the complainant received a telephonic message from one acquaintance of the respondent accused namely Mr. I. D. Parmar, who was serving as a teacher in Saint Xavier's School, about deceased having burnt and admitted in Irvin Hospital. The complainant, along with others, rushed to the hospital at Jamnagar, where they found the deceased lied in the burnt condition. The deceased told the complainant about the physical and mental torture being given by the respondent accused and thereby, as an ultimate step, she tried to commit suicide by pouring Kerosene and setting herself ablaze. Thereafter, the deceased succumbed to the injuries and accordingly, the accused was alleged to have committed the offence as above for which, complaint had been lodged against him. In support of the case, the prosecution recorded Statements of witnesses and collected several documentary evidence and after having found sufficient evidence and material against the accused, he came to be chargesheeted for the alleged offence.;

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