STATE OF GUJARAT Vs. THAKOR BASKUJI BADARJI

JUDGEMENT

(1.) The present Appeal has been filed by the State under Section 378 of the Cr.P.C. against the judgment and order dated 7.2.1997 passed by the Additional Sessions Judge, Mehsana (hereinafter referred to as 'the Sessions Court') in Sessions Case No. 128 of 1995, whereby the Sessions Court has acquitted all the accused from the charges levelled against them under Sections 498(a), 302, 201, 120B of I.P.C. and Sections 3 and 7 of the Dowry Prohibition Act, 1961.

(2.) As per the case of the prosecution before the Sessions Court, the accused No. 1 Thakor Baskuji Badarji happened to be the husband of the deceased, accused Nos. 2 and 3 Thakor Popatji Badarji and Thakor Nathuji Badarji happened to be the brothers-in-law of the deceased and accused No. 4 Thakor Badarji Balaji happened to be the father-in-law of the deceased-Sajjanben. The deceased had married the accused-respondent No. 1 three years prior to the incident in question which had taken place on 14.5.1994. It was the case of the prosecution that the deceased-Sajjanben, daughter of the complainant-Mathurji Mohanji Thakor, had died under suspicious circumstances, as the complainant and his wife had found their daughter dead when they visited the house of the accused No. 1 on 14.5.1995. The complainant i.e. the father of the deceased had lodged the complaint on 15.5.1995 with regard to the alleged incident before the Vasai Police Station, which was registered as I.Cr. No. 79 of 1995 for the offences punishable under Sections 498A, 120B, 302, 201, 304B of I.P.C. and Sections 3 and 7 of the Dowry Prohibition Act. The Investigating Officer after collecting sufficient evidence against all the four accused had submitted the charge sheet in the Court of Judicial Magistrate First Class at Vijapur who committed the case to the Sessions Court for trial. The Sessions Court after framing charge against all the four accused for the alleged offences at Exh. 9, and considering the evidence on record adduced by the prosecution, acquitted all the accused from the said charges levelled against them by giving them benefit of doubt vide judgment and order dated 7.2.1997. Being aggrieved by the said judgment and order, the present appeal has been filed by the State.

(3.) Having gone through the judgment and order passed by the Sessions Court as also the evidence adduced by the prosecution before the Sessions Court, it transpires that the prosecution in order to prove the charge against the accused had examined as many as eight witnesses, out of which the PW-No. 1 was Mathurji Mohanji Thakor-the father of the deceased. The PW-No. 2-Ravaji Kacharaji Thakor was the panch witness in whose presence the panchnama at Exh. 25 was drawn. The PW-No. 3 Amaji Mohanji was the uncle of the deceased, and the PW-No. 4-Shardaben Mathurji was the mother of the deceased. The PW-No. 5 Dineshbhai Kantilal Patel and the PW-No. 6-Basaji Fataji were the panch witnesses in whose presence the panchnama of scene of offence at Exh. 30 was drawn. The PW-No. 7-Manilal Rupaji was the PSO who was on duty on 15.5.1995 at Vasai Police Station and who had received one type written complaint from one Ambaram Mohanji. The PW-No. 8 was Arvindbhai Bababhai Joshi, the PSI working at Vasai Police Station, who had carried out the investigation in respect of the said complaint.