STATE OF GUJARAT Vs. VINUBHA BANESINH AND ORS

JUDGEMENT

(1.) THOUGH served, but no one is appearing on behalf of the respondent. Today, the Appeal is taken up for hearing.

(2.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 13.7.1999 passed by the learned Additional Sessions Judge, Dhangadhra, in Sessions Case No.1 of 1999, whereby the accused have been acquitted from the charges leveled against them.

(3.) FACTS in brief of the prosecution case are such that the accused persons caused mental and physical harassment to the deceased on the ground of dowry from the deceased and the accused had beaten the deceased. Therefore, as a last resort, the deceased committed suicide by pouring kerosene and setting her at fire and died. It is alleged that the accused misbehaved with the deceased and therefore, the attitude on the part of the accused, resulted into committing suicide. Therefore, the offence under Sections 498(A), 306 and 114 of the Indian Penal Code was registered against the accused. Thereafter, necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against him before the Court of learned Judicial Magistrate. Thereafter, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court, which was numbered as Sessions Case No.1 of 1999. The trial was initiated against the respondents - accused.