STATE OF GUJARAT Vs. SUMANBHAI RAMANBHAI GHODIYA PATEL

JUDGEMENT

(1.) THE challenge in this appeal filed by the appellantState of Gujarat is to the judgment and order dated 21.10.2002, passed by learned Sessions Judge, Fast Track Court, Navsari, in Sessions Case No.82 of 2002, whereby the respondentoriginal accused, has been acquitted of the charges under Sections498A and 306 of the Indian Penal Code.

(2.) THE case of the prosecution, in brief, is that on 23.02.2002, at 13:00 hours, Bhaniben, wife of the respondent committed suicide by hanging herself from a pipe in the bathroom of her house, allegedly due to the harassment and torture inflicted upon her by him. The complainant, Dimple, is the daughter of

(3.) UPON registration of the complaint, the investigation commenced. Statements of witnesses were recorded. An inquest was held on the dead body of Bhaniben, which was then sent for autopsy. The Panchnama of the scene of offence was prepared. At the end of the investigation, as sufficient incriminating evidence was found against the accused, he came to be chargesheeted before the learned Judicial Magistrate, First Class, Vansda. 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. A charge was framed against the accused at Exhibit1, which was read over and explained to him. The accused denied his guilt and claimed to be tried. Accordingly, the trial commenced.