STATE OF GUJARAT Vs. NARSINHBHAI RAMANBHAI

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 24.12.1996 passed by learned Additional Sessions Judge, Ahmedabad, in Sessions Case No. 89 of 1993, 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 deceased Taraben was the daughter of the complainant who married the accused No.1 before about 5 years of the occurrence of the incident. It is also alleged that after the marriage, she was residing with accused No.1 and his mother. It is alleged in the complaint that before one and half years, Taraben, the daughter of the complainant came to her parental house and complained that her husband and her inlaws are giving mental as well as physical torture frequently to her. However, the complainant and his wife, after some time, sent their daughter to her inlaws house. It is alleged that thereafter on 21.7.1992 at about 1.30 a.m., the elder brother of the accused No.1 came to the house of the complainant and informed him that Taraben had poured kerosene herself and committed suicide on 20.07.1992 at about 10.30 and she was admitted in L. G. Hospital. The complainant therefore went to L. G. Hospital. It is alleged that when complainant asked Taraben regarding the incident, she told him that she herself poured kerosene and burnt herself. Except that she was not speaking anything. It is the case of the complainant that since the accused No.1 was beating Tara, she had poured kerosene on herself and thereby committed suicide. Therefore, the complaint was lodged against the accused for the offence under Sections 498(A), 306, of I.P. Code before the Maninagar Police Station.

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