STATE OF GUJARAT Vs. PATEL THAKARSI RAVJI

JUDGEMENT

(1.) THE appellant-State of Gujarat has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 25th April 1990 passed by the learned Judicial Magistrate First Class, Sihor, in Criminal Case No.450 of 1988, whereby the learned Magistrate has acquitted the respondents-accused of the charges levelled against them.

(2.) THE short facts of the prosecution case is that the complainant has three sisters; out of which one sister viz. Jayaben got married before six years as per the complaint dated 06th August 1988. It is the case of the complainant that his sister got married with accused No.2. Brother-in-law of the complainant was working as diamond polishing. She has two girls aged 5 years and 3 years respectively. It is the case of the complainant that before three years, she came to complainant's house and told that she was unhappy at her in-laws house. Her husband, mother-in-law, father-in-law beaten and abused her. It is the case of the complainant that after some day, he dropped her sister at her in-laws house and requested them not to harass and/or torture her. It is the case of the complainant thereafter also, in-laws of his sister continued to abuse and torture her sister. In-laws of his sister forced the deceased to stop fasts. Even they forced the deceased to discontinue to go on with Swaminarayan religion. Even, they stopped her giving tea. It is also the case of the complainant that when he went at her sister's in-laws house to call her, they were not ready to send, but after request, they were ready to send her with the complainant. At that time, deceased told that her husband's character is not good and often he had beaten her. She also told that she cannot live in her in-laws house. It is also the case of the complainant that he got news from her younger sister that Jayaben was hospitalised in a government hospital because of Cholera. It is the case of the complainant that when he along with Liliben and Naran Vanraj went to hospital, he came to know that Jayaben was died. On asking her mother-in-law and other relatives, they said that she was died due to Cholera. On being asked to panch witnesses Amarsibhai Patel and Shardaben Shashikant Chauhan, they have stated that body, palm and bottom of the feet of deceased Jayaben were found greenish. THEy have also stated that it seems that she consumed poisonous liquid.

(3.) TO prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Magistrate has acquitted the respondents-accused of the charges levelled against them by the judgment and order dated 25th April 1990.