- (1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 29.4.2006 rendered by learned Additional Sessions Judge and Presiding Officer, 2nd Fast Track Court, Valsad in Sessions Case No.40 of 2003.
(2.) The short facts giving rise to the present appeal are that deceased was wife of accused No.1 and remaining accused are in-laws of the deceased. It is alleged that accused No.1 married with deceased Jignaben on 28.2.2000 and after the marriage, she was staying at her matrimonial home at Bombay. It is alleged that on 11.9.2002 telephonic message came from Valsad which was given by Ashwinbhai and the said telephonic message was responded by the grandfather-in-law of the deceased and thereafter the phone was given Jagdishbhai wherein it was stated that deceased died because she fallen from Firozpur Janta Express train near Bagwada. Hence, the complaint came to be lodged against the respondents accused.
(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried. 3.1 In order to bring home the guilt, the prosecution has examined 6 witnesses and also produced documentary evidences such as original complaint Exh.33, inquest panchnama Exh.43, railway ticket Exh.44, panchnama of scene of offence Exh.45 etc. 3.2 At the end of the trial, after recording the statements of the accused under section 313 of the CrPC and hearing the arguments on behalf of the prosecution and the defence, learned trial Court delivered the judgment and order, as stated above.;