- (1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 11.1.1996 passed by the learned Addl. Sessions Judge, Court No. 14, Ahmedabad in Sessions Case No. 245/1990, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Section 306, 498A read with section 114 of of the Indian Penal Code.
(2.) The brief facts of the prosecution case are that the deceased Nirmalaben has married with accused no.1 Kailash. Accused no. 2 and 3 are father and mother of accused no. 1 and accused no. 4 is the brother of accused no. 1. As per the case of the prosecution, the accused were demanding dowry from the deceased Nirmalaben and deceased Nirmalaben was mentally and physically harassed by the accused. Therefore, on 1.9.1989 she had committed suicide. Therefore, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge-sheet was filed against them, which was numbered as Sessions Case No. 245 of 1990. The trial was initiated against the respondents.
(3.) To prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence.;