(1.) This appeal is preferred by the appellant - State under Sec. 378(1) (3) of the Criminal procedure Code, 1973 (Code) against the judgment and order dtd. 25/10/2007 passed in Sessions Case No. 264 of 2006 by the learned Sessions Judge, Anand, recording the acquittal of the respondents - original accused for the charge levelled against them for the offence punishable under Ss. 498-A and 306 of the Indian Penal Code, 1860 (IPC) and Ss. 3 and 7 of the Dowry Prohibition Act r/w. Sec. 114 of the IPC.
(2.) Brief facts of the prosecution case are that complainant Ranjitsinh Fulsinh Gohil, resident of Tarsali, Dist.: Vadodara registered a complaint against the respondents - accused inter alia stating that marriage of his daughter Varshaben @ Ushaben, now deceased, had been solemnized as per Hindu rites and rituals with the respondent No. 1 - original accused No. 1 on 23/1/2006. The respondent Nos. 2 and 3 - original accused Nos. 2 and 3 are the parents-in-law of the deceased. That, after the marriage, they were residing in joint family. That, prior to about three months of the incident in question, the deceased when visited her parental home, she told the complainant that the accused No. 1 was demanding a bike; the accused Nos. 2 and 3 were also pressurizing her and that, they were giving filthy abuses to the deceased and thereby, all the accused were giving physical and mental torture to the deceased and treating her with cruelty. Fed up of such ill- treatment, on 19/8/2006, the deceased consumed poison and committed suicide. Thus, the respondents - accused committed the offence in question, for which, FIR came to be registered against them.
(3.) On the basis of the said complaint, investigation was initiated and after thorough investigation, as there was sufficient evidence against the respondents - accused persons, Charge-sheet came to be filed against them. As the offence was exclusively triable by the Court of Sessions, as per the provisions of Sec. 209 of the Code, the case was committed to the Court of Sessions, where, it was numbered as Sessions Case No. 264 of 2006. Thereafter, Charge was framed against the accused persons and as the accused pleaded not guilty to the charge and claimed to be tried, trial commenced. To prove the case, the prosecution has examined as many as 09 witnesses and produced several documentary evidence. On conclusion of the trial, the learned trial Judge was pleased to acquit the accused persons. Being aggrieved by the same, the State has preferred the present appeal.
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