STATE OF GUJARAT Vs. SATISHBHAI LALLUBHAI HALPATI

JUDGEMENT

(1.) THE present Appeal, under Section 378 of the Code of Criminal Procedure, is filed by the appellant � State of Gujarat against the Judgment and order dated 15.07.1994 passed by learned Additional Sessions Judge, Valsad at Navsari, in Sessions Case No. 86 of 1993, whereby the learned Judge has acquitted the respondent � original accused from the charges alleged against him.

(2.) THE brief facts of the prosecution case are that the marriage of Leelaben, daughter of the complainant was solemnized with respondent before about 8 years of lodging of FIR and accused and deceased were residing at the field of Chhotubhai Desai. It is also alleged in the complaint that the accused was having illicit relation with Manjuben Nayka and due to that illicit relation of the accused, often the quarrel took place between them and the accused was beating the deceased and accused left the deceased to her parental house and after two-three days, he took back her. However, the complainant and his wife, after some time, sent their daughter with the accused. It is alleged that the deceased informed her parents that the accused was having illicit relation with Manjuben. It is alleged that on 18.05.1993 at about 12.30 p.m., the accused approached the complainant and informed him that he does not want to keep relation with his daughter. He also informed the complainant that he will file case against him and due to mistake of the daughter of the complainant, the complainant could pay the money and after saying aforesaid, the accused left the in-laws house. It is alleged that on that very day, in the evening, the brother of the accused, came to him and informed that his daughter had consumed poison and was admitted in hospital at Pardi. Therefore, the complainant and his brother went to the house of the accused where they saw that Leelaben, daughter of the complainant was dead. Therefore, the complaint was lodged against the accused for the offence under Sections 498(A), 306, 114 of I.P. Code before the Pardi Police Station.

(3.) BEING aggrieved by and dissatisfied with the aforesaid Judgment and order of acquittal, the appellant � State of Gujarat has preferred this Appeal.