STATE OF GUJARAT Vs. BHIKHABHAI@ BHARATBHAI MANDABHAI PARMAR

JUDGEMENT

(1.) The present Appeal, under Section 378(1)(3) of the Code of Criminal Procedure, is filed by the appellant State of Gujarat against the Judgment and order dated 13.04.2000 passed by learned Assistant Sessions Judge, Junagadh, in Sessions Case No. 39 of 1999, whereby the learned Judge has acquitted the respondent original accused from the charges alleged against him. Against the said Judgment, the appellant State has filed present Appeal against respondents original accused.

(2.) The brief facts of the prosecution case are that the marriage of victim Neetaben, the daughter of the complainant was solemnized with the accused on 18.5.1998 i.e. prior to the date of incident. The accused respondent and the deceased were staying at Keshod. It is alleged that the deceased was used to meet her relatives at Keshod which was not liked by the accused. It is also alleged that the accused was doubting about the character of the deceased and, therefore, the deceased was harassed by the respondent accused. It is alleged that because of this mental torture the deceased had swallowed poisonous tablets and committed suicide. Therefore, the father of the deceased lodged complaint before Keshod Police Station against the accused respondent for the offence under Sections 306, 498-A of I.P. Code which was registered as CR No. 186 of 1998.

(3.) Thereafter, necessary investigation was carried out and the statements of the witnesses were recorded. Thereafter, after completion of investigation, the charge-sheet was filed against the respondents accused in the Court of learned Magistrate. As the case was triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions. Thereafter, the charge was framed against the respondents accused. The respondents accused pleaded not guilty to the charge and claimed to be tried.