LAWS(GJH)-2012-7-42

STATE OF GUJARAT Vs. LALLUBHAI MITHABHAI PARMAR

Decided On July 04, 2012
STATE OF GUJARAT Appellant
V/S
LALLUBHAI MITHABHAI PARMAR Respondents

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant � original complainant, State of Gujarat under Section 378 Cr. P.C., against the Judgment and order dated 6.12.1993 rendered by the learned 5th Extra Assistant Sessions Judge, Vadodara, in Sessions Case No.33 of 1993. The said case was registered against the present respondent original accused for the offence under Sections 498-A and 306 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, the complainant Jivanbhai Nathabhai Parmar got his daughter, Niruben married with Mahendrabhai Lallubhai Parmar, resident of Dumada, prior to four years of incident. The Lallubhai Parmar, father-in-law of deceased was abusing and physically harassing the deceased. The deceased was residing with her husband in the same house so the accused was insisting them to vacate the house. On 2.5.1992 between 7.30 to 8.00 O'clock the accused meted out mental and physical harassment to the deceased and compelled her to commit suicide. This cruelty was meted out by the respondent � accused as father-in-law of the deceased. Therefore, deceased poured kerosene on herself and ablaze and expired due to burns injuries. Hence the complaint came to be lodged. Thereafter, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, charge-sheet came to be filed against him in the Court of learned Magistrate. As the case was sessions triable the same was committed to the Court of Sessions. Thereafter, charge came to be framed and explained to the accused person, to which the accused person pleaded not guilty and claimed to be tried.

(3.) NOTICE is served to the other side. No one is present on behalf of the respondent � accused.