STATE OF GUJARAT Vs. KANTIBHAI BAPUBHAI GHODIYA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant � original complainant, State of Gujarat under Section 378 Cr. P.C., against the Judgment and order dated 27.7.1995 rendered by the learned Additional Sessions Judge, Navsari, in Sessions Case No.119 of 1991. The said case was registered against the present respondents original accused for the offence under Sections 498A, and 306 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, deceased Madhuben was sister of complainant Champakbhai Manchhubhai. Madhuben's marriage took place with Kantibhai, resident of Village : Nandhai, Chikhli, before about three years of incident. On 16.8.1991, at the night time baby Chetali fell down from the coat therefore there was hot exchange of words between the deceased and the accused and the accused gave two to three slaps to the accused and abused her. Even prior to this incident the accused was giving mental and physical harassment to the deceased. Because of this intentional harassment of respondent � accused Madhuben was abetted to commit suicide by falling in well situated nearby the house. Hence the complaint came to be lodged.

(3.) IN order to bring home the charges against the accused persons, prosecution has examined several witnesses and also produced documentary evidence.