STATE OF GUJARAT Vs. RANCHOD SAVJI AND ORS

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 16.09.1992 passed by learned Assistant Sessions Judge, Gondal, in Sessions Case No. 46 of 1989, whereby the learned Judge has acquitted the respondents original accused from the charges alleged against them.

(2.) THE brief facts of the prosecution case are that the marriage of Leelaben, daughter of the complainant was solemnized with respondent No.1. It is alleged in the complaint that the husband and inlaws of Leelaben were giving mental as well as physical torture frequently to her. It is alleged that on 20.07.1988 at about 15.30 hours, due to the harassment by the husband and in -laws, the deceased Leelaben had poured kerosene on herself and committed suicide. Therefore, the complaint was lodged against the accused for the offence under Sections 498(A), 306, 114 of I.P. Code before the Lodhika Police Station.

(3.) NECESSARY investigation was carried out, statements of the witnesses were recorded. Thereafter, after completion of investigation, the charge -sheet was filed against the respondents accused in the Court of learned J.M.F.C. Thereafter, as the case was triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. Thereafter, the charge was framed against the respondents accused. The respondents accused pleaded not guilty to the charge and claimed to be tried.