STATE OF GUJARAT Vs. BHIKHABHAI JIVABHAI

JUDGEMENT

(1.) <DJG>J.N.BHATT</DJG> By this appeal, appellant-State, has challenged the judgment and order of acquittal dated 24th December, 1992 recorded by the learned Additional Sessions Judge, Bhavnagar, in Sessions Case No.45/92, with the aids of the provisions of section 378 of the Code of Criminal Procedure, 1973 (Code, for short).

(2.) The respondents, who are accused persons, are relatives of the deceased, Damuben, aged about 30, when she committed suicide. Respondent No.1 is the father-in-law of the deceased, respondent No.2 is the elder brother of her husband, whereas, respondent No.3 is the husband of deceased, Damuben. The prosecution version has been that the deceased Damuben was, mentally, tortured and she was physically beaten by her husband, respondent No.3. She was also scolded and mentally tortured by her husband by calling her as mad-lady. Unfortunately, on 20.10.91 at about 11.30 a.m. she committed suicide. The prosecution case is that the deceased was compelled to commit suicide by the accused persons, by giving her mental and physical torture and cruelty. Therefore, the respondents came to be charged in Sessions Case No.45 of 1992 for the offence punishable under sections 498A and 306 read with 114 of the Indian Penal Code by the learned Additional Sessions Judge, Bhavnagar, to which the accused persons denied and claimed to be tried.

(3.) The prosecution placed reliance on eight witnesses. Upon assessment and evaluation of the evidence of the prosecution, the learned Trial Judge, reached to the conclusion that the prosecution has remained unsuccessful in establishing the charges against the accused persons. Being aggrieved by this judgement and order of acquittal, this appeal is filed by the State.