STATE OF GUJARAT Vs. PRAVINKUMAR MOTILAL JAIN

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 12.11.1993 passed by learned Additional Sessions Judge, Court No.8, Ahmedabad, in Sessions Case No. 161 of 1990, 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 Bhagvanti, daughter of the complainant was solemnized with , respondent No.1 (original accused No.1) before about 3 years from the date of incident and after marriage, they were residing together. It is alleged that after marriage, the accused No.1 and his parents used to torture her for not giving the ornaments by the father of the deceased Bhagvanti and on that pretext, the in-laws were harassing her mentally and physically. On the date of incident i.e. on 07.02.1990 at about 8 p.m., the accused No.1 and deceased Bhagvanti had gone to the house of the father of the deceased and they had taken meals and thereafter accused No.1 and his brother-in-law Vijaybhai both had gone to see movie in the last show while Bhagvanti remained in the house which consisted of one room. After seeing the movie, at about 12, the accused No.1 and his brother-in-law came back at they had gone to sleep in the house but Vijaybhai had gone to sleep elsewhere as there was no space in the room. The father of Bhagvanti had also gone to sleep elsewhere in a lorry but during the night time at about 2.00 a.m., accused No.1 had approached his father-in-law Kaluram Vardhichand Jain who was sleeping outside on the lorry and told him that Bhagvati is is not well and is vomiting and so Kaluram Vardhichand Jain, the father of Bhagvanti and the father-in-law of accused No.1 had called one doctor from Nedia but he told him to shift Bhagvati in Hospital, Nr. Police Commissioner's Office, Shahibaug, Ahmedabad and Bhagvanti was taken to the said Hospital in Shahibaug where she was declared dead. Thereafter, accused No.1 had gone to his house and Kaluram Vardhichand Jain suspected about suicide by his daughter because of mental and physical harassment from her in-laws. Therefore, the complaint was lodged against the accused for the offence under Sections 498(A), 306, 114 of I.P. Code before the Madhupura 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.