(1.) THE present Appeal, under Section 378 of the Code of Criminal Procedure, is filed by the appellant State of Gujarat against the Judgment and order dated 13.09.1993 passed by learned Assistant Sessions Judge, Amreli, in Sessions Case No. 65 of 1991, whereby the learned Judge has acquitted the respondent original accused from the charges alleged against her.
(2.) THE brief facts of the prosecution case are that the marriage of Manjula, daughter of the complainant was solemnized with Ashok Chhanabhai Kumbhar. It is alleged in the complaint that on 21.04.1991, there was some festival at village : Manavgadh, wherein the members of the family gathered. At that time, at 11.00, from village : Pipalva, Shri Mansukhbhai, the uncle of Ashok came there and asked about Manula and the complainant did not say anything, however, the uncle of Ashok informed them that Manjula went to bring water in the morning at 6.00 a.m and thereafter she did not return. The complainant and other family members reached at Village : Pipalva at about 1.00 p.m. At that time, the father -in -law of Manjula met them and told that sandal of Manjula found in the well and empty pot put outside the well and, therefore, it might be possible that the Majula could fall in the well. Manjula, the daughter of the complainant came to her parental house and complained that her mother -in -law is giving mental as well as physical torture frequently to her. Therefore, the complaint was lodged against the accused for the offence under Sections 498(A) and 306 of I.P. Code before the Lathi Police Station.
(3.) NECESSARY investigation was carried out, statements of the witnesses were recorded. Thereafter, after completion of investigation, the charge -sheet was filed against the respondent accused in the Court of learned J.M.F.C. Thereafter, as the case was triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. Thereafter, the charge was framed against the respondent accused. The respondent accused pleaded not guilty to the charge and claimed to be tried.