(1.) Present appeal has been filed by the appellant-State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 29/6/2007, passed in Sessions Case No. 289 of 2005 by the learned Additional Sessions Judge, Fast Track Court No. 4, Ahmedabad City, recording the acquittal.
(2.) The facts, in brief, are that marriage of deceased complainant had been solemnized with the son of the respondent No. 1 herein-original accused No. 1 and brother of the respondent No. 2 herein-original accused No. 2 prior to about six years of the incident in question as per the rites and rituals of their caste and were residing in the joint family. It was the case of the prosecution that after the marriage, the respondents, so often, used to harass the deceased physically and mentally saying that she used to go out with someone else and also taunting. Being fed up, the deceased, eventually, committed suicide on 27/12/2004 at about 15:45 hours at her matrimonial home by pouring kerosene on her body and setting her ablaze. Thus, the respondents committed the offence punishable under Ss. 498A, 306 r/w. Sec. 114 of the Indian Penal Code, 1860 (herein after referred to as "the IPC") for which, FIR came to be registered against them.
(3.) Heard, learned Additional Public Prosecutor Ms. Monali Bhatt for the appellant-State and learned advocate Ms. Farhana Mansuri for the for the respondents-accused.
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