STATE OF GUJARAT Vs. ARJUNBHAI UTTAMBHAI CHAUDHARI

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 30.7.1993 rendered in Sessions Case No. 45 of 1989 by the learned Additional City Sessions Judge, Ahmedabad. The said case was registered against: the present respondents original accused for the offence under Sections 498A and 306 of the Indian Penal Code. According to the prosecution case, the complainant Trambakbhai Barkubhai Mahale is residing at Room No. 211, Block No. 7, Bhaktinagar, Bapunagar, Ahmedabad, with his family and he is doing business of selling vegetables. The marriage of Accused No. 1 - Arjunbhai Uttambhai Chaudhari with daughter of complainant-Mandakini took place on 15.5.1987 as per Hindu rites and ritual. The Accused No. 2 - Uttambhai is father-in-law of daughter of complainant. At the time of marriage she was given dowry as per custom of their caste and as demanded by the accused. Thereafter, the accused started torturing and taunting daughter of the complainant for getting more dowry amount. On 17.3.1988. Mandakini wrote letter in Marathi language addressing to the complainant which the complainant received on 21.3.1988. On 18.3.1988, the accused hands-in-gloves with each other demanded dowry from the daughter of the complainant. But on informing the accused that due to poor economical condition he could not satisfy demand of the accused, the accused as per pre-planned burnt daughter of the complainant and hence the complainant filed the complaint.

(2.) Thereafter, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused persons were arrested and, ultimately, charge-sheet came to be filed against them in the Court of learned Magistrate. As the case is Sessions triable, the same was committed to the Court of Session.

(3.) Thereafter, charge came to be framed and explained to the accused persons, to which the accused persons not pleaded guilty and claimed to be tried.