STATE OF GUJARAT Vs. KANTILAL VALLABHAJI BHOGAYATA

JUDGEMENT

(1.) The present Criminal Appeal is filed by the State under Section 378(1) of Criminal Procedure Code against the judgment and order dated 27.01.2006 passed by learned Presiding Officer, F.T.C. No.6, Jam-Khambhalia in Sessions Case No.147 of 2001.

(2.) The case of the prosecution is that the marriage of Ritaben, the sister of the complainant, solemnized with the son of the accused no.1 i.e. Kantilal Vallabhaji Bhogayata on 21.11.2000 and after her marriage, within a short span of time, the accused nos. 1 and 2 have started demanding dowry and executed mental and physical torture to the deceased Ritaben and were also asking for articles like sofaset, bed, T.V. Etc. and on account of such demand the mental and physical torture in form of cruelty was being caused by present accused nos.1 and 2. It is the case of the prosecution that the deceased Ritaben has committed suicide on 04.05.2001 by pouring kerosene on herself. On account of this incident in question, the brother of the deceased Deepakkumar had filed the complained before Jamjodhpur Police Station, which was registered as complaint being IC.R.No.16/2001 for the offences punishable under Sections 498(a), 306, 304(b) read with Section 114 of the Indian Penal Code.

(3.) Learned Additional Public Prosecutor, Mr. L.R. Poojari, appearing on behalf of the State has vehemently contended that the learned Judge has committed an error of jurisdiction in granting benefit of doubt to the respondents accused by not considering the evidence, which has been laid by the prosecution in its true perspective and this being a clear violation in exercising the jurisdiction, the order of acquittal deserves to be corrected.