STATE OF GUJARAT Vs. DHANIRAM SADUBHAI KOSHTI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 26. 8. 2008 passed by the learned Additional Sessions Judge Fast Track Court No. 3, Ahmedabad in Sessions Case No. 398 of 1995, whereby the accused has been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under: deviben married with accused no. 1 Badriprasad Keshavlal Koshti, 14 months prior to the incident as per the customs of the society. Accused no. 2 and 3 are Jeth and Jethani of Deviben and residing in a joint family. The accused persons were causing mental and physical harassment to Deviben. Due to the mental and physical harassment, Deviben came to her parents' house and complained about the same. In spite of the said complaint, complainant sent her daughter to her in law's house with intention to save her marriage life. Prior to two months of the incident, when Deviben came to her parents house, accused nos. 1,2 and 3 came there and caused physical and mental torture to Durgaben Due to the torture Durgaben got excited and took kerosene tin and sprinkled on her and set her on fire. Upon hearing the shouts the neighbors came and extinguished fire and took her to the hospital where she expired.

(3.) THEREFORE a complaint with respect to the aforesaid offence was filed against the respondents. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge sheet was filed against him before the court of learned JMFC, Ahmedabad.