STATE OF GUJARAT Vs. ASHISHKUMAR P MEHTA

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 28.08.1992 passed by the learned City Sessions Judge, Court No.3, Ahmedabad, in Sessions Case No. 3 of 1992, whereby the learned Judge has acquitted the respondents � original accused from the charges alleged against them.

(2.) THE brief facts of the prosecution case are that Jayshree daughter of Bhagwatiben, a widow residing at Bombay with her children was married to Ashish Mehta, the son of Parasarbhai Mehta residing at Flat No.6 of Divya Jiven Flats situated at Kochrab in the city of Ahmedabd in the year 1988. They had one son aged about one and half years. On account of the fact that Bhagwatiben was residing at Bombay and that she was widow, her brother Indravadan Ambalal Raval, the complainant of the case as well as Bhagwatiben's sister and brother-in-law who were residing at Ahmedabad were taking care of Jayshree at Ahmedabad. Jayshree used to pay visits to them from time to time. It is alleged in the complaint that after sometime, the husband and other family members had given mental and physical harassment and taunting Jayshree by saying that she belonged to poor family and had not brought anything with her and in-laws were demanded cash, ornaments, scooter etc., and complained her maternal uncle - Indravadan Ambalal Raval to arrange for money. Therefore, Jayshree, by strangulating herself, had committed suicide. Therefore, the complaint was lodged against the accused for the offence under Sections 498(A), 306, 114 of I.P. Code and under Section 3 of the Dowry Prohibition Act before Ellisbridge Police Station, Ahmedabad.

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