STATE OF GUJARAT Vs. SOMABHAI AKHIBHAI SONDARVA

JUDGEMENT

(1.) The State being prosecuting agency has preferred this appeal under Sec. 378 of the Criminal Procedure Code against the judgment and order dtd. 7/2/2008 rendered by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.4, Veraval camp at Una in Sessions Case No.24 of 2007.

(2.) The short facts giving rise to the present appeal are that, deceased was wife of respondent - accused Somabhai Akhibhai Sondarva. On the date of incident i.e. on 21/3/2007, four years have been passed of their married life. For one year after marriage, both - accused and deceased lived happily. But after period of one year, when deceased was not able to conceive a child, respondent - accused started giving her mental and physical torture and when such harassment was gone out of limit, deceased committed suicide by hanging herself. Therefore, complainant filed a complaint against the accused for the alleged offences under Sec. 498(A) and 306 of the Indian Penal Code.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the charge-sheet against the accused. The charge was framed against the accused. The accused pleaded not guilty and claimed to be tried.