STATE OF GUJARAT Vs. VATSALKUMAR KANTILAL

JUDGEMENT

(1.) The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 21.07.1994 passed by the learned Additional City Sessions Judge, Court No.21, Ahmedabad, in Sessions Case No.36 of 1991, whereby the learned Judge has acquitted the respondents - accused from the charges levelled against them.

(2.) The brief facts of the case of prosecution is that Ushaben who happened to be daughter of the complainant Shakuntalaben Amratlal, wife of accused No.1 and daughter-in-law of accused No.2 committed suicide at 1.30 p.m on 06.03.1990 as she was given cruelty by the accused. According to the prosecution, the accused committed an offence of cruelty upon deceased Ushaben and instigated her to commit suicide. It was alleged that accused No.1 - husban of deceased Ushaben was not doing any job and was suspecting chastity of his wife and was chasing her wherever she used to go. Ushaben was assisting her mother in the work of catering etc., and was earning something. On being advised by her to take up some job, both the accused used to ill-treat her physically and mentally. Therefore, the complainant lodged complaint against the accused - respondents for the offences punishable under Sections 498A, 306 and 114 of I.P. Code. Thereafter, after investigation, the Police filed charge-sheet against the accused in the Court of learned Magistrate.

(3.) To prove the case against the present respondent - accused, the prosecution has examined in all Nine witnesses and also produced documentary evidence.