STATE OF GUJARAT Vs. SOMABHAI JETHABHAI PATEL

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 9.11.1993 passed by the learned Additional Sessions Judge, Sabarkantha at Modasa, in Sessions Case No.25 of 1992, whereby the accused has been acquitted from the charges leveled against him.

(2.) FACTS in brief of the prosecution case are such that the accused person caused mental and physical harassment to the deceased and the accused had beaten the deceased. Therefore, the deceased committed suicide by jumping herself into the well 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, respondent was 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.25 of 1992. The trial was initiated against the respondent - accused.

(3.) TO prove the case against the present accused, the prosecution has examined, in all 9 witnesses and also produced several documentary evidence.