STATE OF GUJARAT Vs. RAMESH NANJI LUHAR

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 10.2.1997 passed by learned Assistant Sessions Judge, Kutch-Bhuj, in Sessions Case No. 62 of 1995, whereby the learned Judge has acquitted the respondent-original accused from the charges alleged against them. Against the said-judgment, the appellant--State has filed present Appeal against respondents-original accused. The brief facts of the prosecution case are that the marriage of Kanta, the daughter of the complainant was solemnized with Ramesh, present respondent No. 1-original Accused No. 1. It is alleged that after marriage, about 2 to 2 1/2 years, the victim was living happy married life in her in-laws place. However, thereafter, keeping some doubt about the character of the victim, the respondents were taunting her and the victim was frequently beaten by her husband. It is alleged that due to the mental as well as physical torture, on 7.8.1995 at 16.00 hours, the victim has committed suicide by jumping in the well. Therefore, the complainant has filed complaint against the present respondent-original accused before Rahpar Police Station. The Police registered the complaint and the offence under Sections 498A and 306 of I.P.C. was registered against the accused.

(2.) Necessary investigation was carried out, statements of the witnesses were recorded. Thereafter, after completion of investigation, the charge-sheet was filed against the respondent-accused in the Court of learned Magistrate. Thereafter, as the case was triable by the Court of Session, the learned Magistrate has committed the case to the Court of Session. Thereafter, the charge was framed against the respondent-accused. The respondent-accused pleaded not guilty to the charge and claimed to be tried.

(3.) To prove the case against the accused, the prosecution has examined the witnesses and relied upon the documents. At the end of trial, after recording the statement of the respondent-accused, under Section 313, Cr.P.C., and after hearing the arguments on behalf of the prosecution and the defence, the learned Assistant Sessions Judge, vide the impugned Judgment and order, has acquitted the respondents-accused from the charges levelled against them.