STATE OF GUJARAT Vs. SHRIRAM SHANKARRAV BAROSE

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Sec. 378 of the Criminal Procedure Code, 1973 against the judgment and order dtd. 29/05/1996 passed by the learned Sessions Judge, Ahmedabad (Rural) in Sessions Case No.101 of 1993 acquitting the respondent Nos.1 to 3 - original accused Nos.1 to 3 from the offence punishable under Sec. 498- A, 304-B and 306 of Indian Penal Code . It is pertinent to note that the respondent No.1 - original accused No.1 has expired during the pendency of the proceedings and hence the present appeal stood abated qua respondent No.1 vide order dtd. 09/06/2022.

(2.) The case of the prosecution is that the accused had behaved well with deceased Lata for two to three months from the date of the marriage and thereafter accused No.2 along with the accused No.3 demanded various items and they were quarreling and thereby inflicting mental torture with a view to see that she brings dowry from her parental home. Due to mental and physical harassment inflicted by the accused, the deceased has committed suicide on 09/10/1992 by hanging herself in Bungalow No.58, Rajeshwari Society.

(3.) On the basis of the said complaint, investigation was started, statement of witnesses were recorded, inquest panchnama was carried out, panchnama of scene of offence was carried out, postmortem report was obtained and after through investigation, as there was sufficient evidence against the respondents - accused persons, Chargesheet was filed before the learned Judicial Magistrate, First Class. As the offence committed by the accused persons was exclusively triable by the Court of Sessions as per the provisions of Sec. 209 of Criminal Procedure Code, the learned Judge was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial in the court of learned Sessions Judge, which has been numbered as Sessions Case No.101 of 1993. Thereafter, Charge was framed against the accused for the offence punishable under Sec. 498-A , 304-B and 306 of Indian Penal Code. The accused persons pleaded not guilty to the Charges and claimed to be tried. The prosecution, therefore, laid evidence, oral as well as documentary. After the evidence was over, Further Statement of the respondents - accused were recorded under sec. 313 of the Code of Criminal Procedure and arguments were heard. At the conclusion of the trial, the learned Additional Sessions Judge was pleased to acquit the accused for the charges levelled against them. Hence, the appellant - State of Gujarat has preferred the present Criminal Appeal challenging the judgement and order of acquittal.