STATE OF GUJARAT Vs. HARSHADBHAI GALABHAI MAKWANA

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 27.9.1995 passed by the learned Additional Sessions Judge, Nadiad, in Sessions Case No. 59 of 1995, whereby the learned Judge has acquitted the respondent-accused from the charges levelled against them. According to the complainant, from the beginning, Pannaben, wife of the accused No. 1 was conceiving and, therefore, the accused were taunting her. The accused No. 1 also demanded Rs. 50,000, if the same is given, he is ready to keep Pannaben with him. In spite of that, the accused were given mental and physical torture to Pannaben and, therefore, said Pannaben has committed suicide by pouring kerosene on herself.

(2.) Therefore, the complainant lodged complaint against the accused-respondents for the offences punishable under Sections 306, 498A and 114 of I.P. Code and Sections 4 and 5 of the Dowry Prohibition Act. 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.