STATE OF GUJARAT Vs. HUSAINKHA PEERKHA PATHAN

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 30.9.1995 passed by the learned Sessions Judge, Ahmedabad City, in Sessions Case No. 196 of 1994, whereby the accused has been acquitted from the charges levelled against him.

(2.) The brief facts of the prosecution case are such that the wife of one S.R.P. Constable committed suicide by jumping in the well and died. Therefore, the offence was registered for the offence punishable under Sections 498(A), 306 and 201 of the Indian Penal Code against the accused. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge-sheet was filed against him before the Court of learned Chief Judicial Magistrate. Nadiad. 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. 196 of 1994. The trial was initiated against the respondent/accused.

(3.) To prove the case against the present accused, the prosecution has examined, in all 13 witnesses and also produced several documentary evidence.