STATE OF GUJARAT Vs. LALSINH TAKHATSINH SODHA PARMAR

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 08.04.2004 passed by learned Additional Sessions Judge, Fast Track Court No.4, Kheda at Nadiad, in Sessions Case No. 16 of 2004, whereby the learned Judge has acquitted the respondents original accused from the charges alleged against them. Against the said Judgment, the appellant State has filed present Appeal against respondents original accused.

(2.) THE brief facts of the prosecution case are that the daughter of the complainant was married to the respondent No.1 original accused No.1 as per caste custom three years prior to the incident. The deceased was sent to her matrimonial home after a year of her marriage. Thereafter, after 15 days, the victim came to her parental home and on being asked by the complainant, the victim has replied that "everything is fine". Thereafter, it is alleged that prior to 6 months of the incident, the victim complained her parents that the accused Nos.2 to 4 are instigating the accused No.1 and, therefore, the accused used to torture her physically and mentally and subjected her to cruelty. The victim has also informed her uncle about the harassment by the accused, however, the uncle of deceased, after discussing with the complainant, pursuaded the deceased to go to her matrimonial home. It is alleged that thereafter on the occasion of "Dussera" festival, the sister-in-law of the deceased took the deceased to her matrimonial home. It is alleged that on 20.10.2003, the complainant received information that the victim has consumed some medicines. Thereafter, on the next day, i.e. on 21.10.2003, the complaint was filed. The offence under Sections 498-A, 306 and 114 of I.P. Code was registered against the respondents original accused.

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