STATE OF GUJARAT Vs. DILAVARSINH TAKHATSINH VAGHELA

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 25.4.1995 passed by the learned Sessions Judge, Mehsana, in Sessions Case No.38 of 1993, whereby the accused has been acquitted from the charges leveled against him.

(2.) THE brief facts of the prosecution case are such that as per complaint lodged on 24.1.1992, the daughter of the complainant namely Vishnukunvarba was married with the accused No.1 before five years from the date of incident. The accused prevented the deceased to go at her parental house and caused mental and physical harassment to the deceased and the accused threatened the deceased to kill her. Therefore, the deceased consumed poison on 23.1.1992 and died. Therefore, the offence was registered against the accused under Sections 498(A) and 306 of the Indian Penal Code. 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 First Class. 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.38 of 1993. The trial was initiated against the respondent - accused.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.