LAWS(GJH)-2012-7-434

STATE OF GUJARAT Vs. RAMCHANDBHAI GODADBHAI GATHAMANVALA

Decided On July 19, 2012
STATE OF GUJARAT Appellant
V/S
RAMCHANDBHAI GODADBHAI GATHAMANVALA Respondents

JUDGEMENT

(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 29.06.1996 passed by learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 5 of 1996, whereby the learned Judge has acquitted the respondent � original accused from the charges alleged against him.

(2.) THE brief facts of the prosecution case are that the marriage of Prabhaben, daughter of the complainant was solemnized with Bhagwanbhai Govindbhai, respondent. It is alleged in the complaint that the accused was not given any money for maintaining the house and the accused was giving mental and physical torture to Prabhaben. It is also alleged in the complaint that on 08.10.1995, the sister of accused Vijuben abused Prabhaben and on account of mental and physical torture by both, Prabhaben had poured kerosene on herself and thereby committed suicide. Therefore, complaint was lodged against the accused for the offence under Sections 498(A), 306 of I.P. Code before the Botad Police Station.

(3.) BEING aggrieved by and dissatisfied with the aforesaid Judgment and order of acquittal, the appellant � State of Gujarat has preferred this Appeal.