STATE OF GUJARAT Vs. THAKOR SHANKERJI BACHARJI

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 3.4.1995 passed by the learned Assistant Sessions Judge, Mehsana, in Sessions Case No.98 of 1993, whereby the accused have been acquitted from the charges leveled against them.

(2.) FACTS in brief of the prosecution case are such that accused No.1 is husband of deceased Bhikhiben and the accused No.2 is mother-in-law of deceased. The accused persons caused mental and physical harassment to the deceased. Therefore, as a last resort, the deceased committed suicide by jumping the well and died. It is alleged that the accused misbehaved with the deceased and therefore, the attitude on the part of the accused, resulted into committing suicide. Therefore, the offence under Sections 498(A), 114 and 306 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, charge-sheet 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.98 of 1993. 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.