STATE OF GUJARAT Vs. BHIKHABHAI UMARBHAI VORA

JUDGEMENT

(1.) THE present appeal filed by the appellantState of Gujarat is directed against the judgment and order dated 22.01.1997, rendered by the learned Additional Sessions Judge, Vadodara,in Sessions Case No.23/1995, whereby the respondentoriginal accused has been acquitted of the charges under Sections306 and 498A of the Indian Penal Code.

(2.) BRIEFLY stated, the case of the prosecution is that a complaint (Exhibit7) was filed by Abdulbhai Sulemanbhai Vora at Javaharnagar Police Station, Vadodara, on 15.08.1994, which came to be registered as C.R.No.I117/1994. The complainant is the father of deceased Roshanben. Earlier, Roshanben was married to one Abdulkadar Gafarbhai Vora, but the said marriage ended in a divorce. Roshanben had two children out of the said wedlock, one of whom died. As Roshanben was still young and living at the house of the complainant, her marriage was arranged by the complainant with the respondentaccused, about two years before her death. Out of the wedlock with the respondentaccused, Roshanben gave birth to a son.

(3.) UPON registration of the complaint, the Investigating machinery swung into action. The statements of witnesses were recorded and an inquest was held on the dead body of the deceased, which was then sent for autopsy. A Panchnama of the scene of offence (Exhibit17) was prepared. At the end of the investigation, as sufficient incriminating evidence was found against the accused, he came to be charge sheeted before the Court of learned Judicial Magistrate First Class, Vadodara. As the offence under Section306 of the Indian Penal Code is exclusively triable by the Court of Sessions, the learned Magistrate committed the same to the Sessions Court, where it was registered as Sessions Case No.23/1995. The Sessions Court framed the Charge against the accused at Exhibit1 on 27.09.1996, which was read over and explained to him. The accused denied his guilt and claimed to be tried. Accordingly, the case was put to trial.