BINABEN S PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal, filed under Section 378(4) of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of acquittal dated 6.5.2010 passed by the learned Metropolitan Magistrate, Court No.2, Ahmedabad, in Criminal Case No.1557 of 2007. The said case was registered against the respondent No.2 ? original accused for the offences punishable under Sections 494, 294(K) and 506(2) of the Indian Penal Code.

(2.) THE brief facts leading to the case of the appellant are that, the appellant is wife of respondent No.2. During the existence of her marriage the respondent No.2 married with another woman ? Mandaben @ Saroj, daughter of Govindbhai Chimanlal Swaminarayan. On 30.4.2007 in the evening time when appellant was purchasing vegetables near Shahibaug Circle, the respondent No.2 ? accused came and abused her and threatened to kill if she does not take divorce. Hence, the appellant filed complaint before the Shahibaug Police Station being C.R. No.I-171 of 2007 for the offences punishable under Sections 494, 294(K) and 506(2) of the Indian Penal Code.

(3.) IN order to bring home the charges against the accused person, prosecution has examined several witnesses and also produced documentary evidence.