- (1.) STATE has preferred this appeal against the judgment of acquittal dated 21.10.1992 rendered by learned Additional Sessions Judge, Mehsana in Sessions Case No.178/1988, whereby, the accused were acquitted for the charges leveled against them.
(2.) THE prosecution case in brief was that accused No.1 was husband of deceased Savitaben, whereas, accused No.2 and 3 were her father in law and mother in law respectively. Accused No.4 was her sister in law whereas accused No.5 was her brother in law. Marriage of Savitaben was solemnized with accused No.1 before 4 years from the date of incident. It is alleged that accused were giving mental torture to Savitaben on the ground that she has not brought sufficient dowry. Because of the said mental torture given to Savitaben, she has committed suicide and thereby the accused have committed an offense punishable under Section 304B, 306, 498A and 114 of the Indian Penal Code. It is further the case of the prosecution that though Savitaben has died because of unnatural death, the accused had not informed the police machinery and thereby suppressed the fact with regard to the unnatural death of Savitaben and thereby the accused have committed the offenses punishable under Sections 176 and 202 of the Indian Penal Code.
(3.) DURING the course of trial, prosecution examined 7 witnesses and produced documentary evidence on record. At the end of the trial, learned trial Court was of the opinion that the prosecution has failed to prove the case against accused beyond reasonable doubt and therefore acquitted all the accused. The State has therefore preferred this appeal as observed herein above. Prosecution examined PW1, Doctor Kirtikumar Tribhuvandas Akhali, Exh.11. Said witness was working as medical officer at Mansa Government Hospital. He received Yadi from Police Sub Inspector, Mansa, that he has to perform the postmortem at crematorium of Village Premnagar. The dead body was semi burnt. The said witness has narrated in the postmortem report, Exh.12 about the injuries. He has observed in column No.12 that postmortem done at the sight of crematorium place of village Premnagar. Semi burnt body of about 2 feet X 1.5 feet was present nearby funeral place. On dissecting the part following was found. * Semiburned part was of chest so Abdomen and relvis muscles and other layers were burned. On disserning again viscera in the abdomen and chest was found out. All the viscera were shrunkened and semiburned. Small intestine liver, spleen and kidney were found. Part of small intestine part of liver, part of spleen and part of kidney were taken in a bottle to send them to chemical analyzer. Further dissecting thigh muscle, femour bones on both size was found. Fracture part of the femour bone was burned and was of black's skin in colour. The said Doctor also observed the fracture on part of the femour bone. In column No.23 he has stated that it is not possible by him to say the cause of death of deceased Smt.Savitaben Kalidas Patel. It is also not decided by him to say whether burns was antimortem or postmortem. As per his opinion, the semi burnt part of (after postmortem part), should be sent to forensic expert to detect further. Viscera are collected will be sent to chemical analyzer for necessary analysis. He further deposed that if the person is thrown in the well, fracture of femour is possible.;