STATE OF GUJARAT Vs. GAJENDRASINH @ RAGHUBHA

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 20.2.1996 passed by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No.8 of 1994, whereby the accused have been acquitted from the charges leveled against them.

(2.) AS per the case of the prosecution, the victim Dakshaben was married with the accused No.1 and the accused persons caused harassment to Dakshaben. As per the case of the prosecution, the victim was compelled to consume poison by the accused persons. Therefore, the offence under Sections 498(A), 328, 323, 504 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, 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.8 of 1994. 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.