STATE OF GUJARAT Vs. LAXMANBHAI BHIKHABHAI PARMAR

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Sec. 378 of the Criminal Procedure Code, 1973 against the judgment and order dtd. 12/07/2011 passed by the learned Additional Sessions Judge, Mehsana camp at Visnagar in Sessions Case No.95 of 2010 acquitting the respondent - original accused from the offence punishable under Sec. 306 and 506(2) of Indian Penal Code.

(2.) The brief fact of the prosecution case is that the complainant was married and residing with her family at Dalitvas, Indiranagar, Satlasana. The accused used to make illegal demands from the complainant Maniben, but the complainant refused him. Whenever, the complainant was alone in her home, at that time, the accused used to come and pressurized the complainant to keep illicit relation with him and also threatened her that if she informs anybody, then her husband would be killed. That on 18/10/2009, at about 8:30 P.M, the complainant Maniben and her children were present in her home, at that time, the accused came in front of the house and gave filthy abuses to the complainant, hence, the son of complainant told not to give filthy abuses, therefore, the accused got excited and quarelled with the family members of the complainant and also threatened that "Kal sudhi jivto raheto nahi ane jo jivto rahis to hu tane mari nakhis". Thereby, the accused was frequently causing mental harassment to the complainant and her husband. The husband of the complainant could not tolerate the same, and therefore, committed suicide by hanging himself. Hence, the complainant Maniben lodged the complaint against the accused at Satlasana Police Station bearing I-C.R.No.32/09 for the offences punishable under Ss. 306 and 506(2) of the Indian Penal Code.

(3.) On the basis of the said complaint, investigation was started, statement of witnesses were recorded, prepared the panchnama of the scene of offence, arrested the accused and after through investigation, as there was sufficient evidence against the respondent - accused, Chargesheet was filed before the learned Judicial Magistrate, First Class. As the offence committed by the accused person was exclusively triable by the Court of Sessions as per the provisions of Sec. 209 of Criminal Procedure Code, the learned Magistrate was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial in the court of learned Additional Sessions Judge, which has been numbered as Sessions Case No.95 of 2010. Thereafter, Charge was framed against the accused for the offence punishable under Sec. 306 and 506(2) of Indian Penal Code The accused pleaded not guilty to the Charges and claimed to be tried. The prosecution, therefore, laid evidence, oral as well as documentary. After the evidence was over, Further Statement of the accused was recorded under sec. 313 of the Code of Criminal Procedure and arguments were heard. At the conclusion of the trial, the learned Sessions Judge was pleased to acquit the accused for the charges levelled against him. Hence, the appellant - State of Gujarat has preferred the present Criminal Appeal challenging the judgement and order of acquittal.