STATE OF GUJARAT Vs. MAHESHBHAI KANIYALAL DAVE

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 5.5.1995 passed by the learned Additional Sessions Judge, Valsad at Navsari, in Sessions Case No.48 of 1988, whereby the accused have been acquitted from the charges leveled against them.

(2.) AS per the case of the prosecution, the deceased was harassed by the accused No.1 husband, accused No.2 � sisterinlaw and accused No.3 � motherinlaw of the deceased, for taking dowry from the deceased. Therefore, the deceased committed suicide by pouring kerosene and set her at fire. During the course of medical treatment, the deceased died. Therefore, the offence under Sections 498(A), 306 and 114 of the Indian Penal Code was registered against the accused. Thereafter, necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them before the court of learned Judicial Magistrate. 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.48 of 1988. The trial was initiated against the respondents 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.