STATE OF GUJARAT Vs. RAMAJI SHAKRAJI THAKOR

JUDGEMENT

(1.) Heard learned APP Mr. Maulik G. Nanavati for the appellant. None is present for respondents No.1 to 3 though name of Mr. Parekh is shown for 1,2 and 3.

(2.) The appellant State has preferred this appeal under Section 378(1)(3) of the Code of Criminal Procedure challenging the order of acquittal dated 30.11.2002 passed by the learned Judicial Magistrate First Class in Criminal Case No. 2778/1998 acquitting the respondent hereinabove originally accused of the charge of committing offences punishable under Section 498A, 504 read with 114 of IPC.

(3.) The case of the prosecution in short deserve to be set out as under :- The original complainant lodged a complaint on 30.01.1998 at Dabhoda Police Station against the present respondent alleging that the accused respondent tortured her and drove her out of her matrimonial house as she could not conceive despite her marriage with the accused no.1 for the last 15 years. The incident is stated to have occurred on 28.01.1998 in the morning at about 8.00 clock when she was pushed out of the house and abuses were hurled at her. The offence was registered and ultimately after investigation, the report was filed, charge was framed by the competent Court on 26.03.1999 for the offences punishable under Sections 498A, 504 read with 114 IPC that on 28.01.1998 at about 8.00 clock in the morning all the three accused forcefully drove out the complainant and hurled abuses at her and the accused tortured her as she could not conceive.