STATE OF GUJARAT Vs. DARSHANKUMAR HARSHADRAJ BHATT

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 16.08.1994 passed by learned Additional Sessions Judge, Bhavnagar, in Sessions Case No.106 of 1987, 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 an application was received by Police Sub Inspector, Social Welfare Cell under letter dated 25.04.1986 from the complainant in respect of death of her niece Nilaben and accordingly the said complaint was registered as 15 of 1986 on 23.04.1986. In respect of the said complaint, Accidental Death Entry No.8 of 1986 was registered on 24.02.1986 before "B" Division Police Station, Bhavnagar. Further, the statement of Sumanben Champaklal Vaidhya was recorded on 24.04.1986. According to the said statement, the deceased was given mental and physical harassment by her husband and other family members. In the result, on 24.02.1986, at about 16.20 hours, the said Nilaben 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.

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