STATE OF GUJARAT Vs. BENJAMIN AMBALAL RATHOD

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant- State of Gujarat, being aggrieved by judgment and order dated 28-11-1997, passed by the learned Addl. Sessions Judge, Court No.17, Ahmedabad City, in Sessions Case No.227 of 1994, whereby all four respondents, original-accused, have been acquitted of the charges under Sections 306 and 498A, read with Section 114 of the Indian Penal Code ("IPC" for short) and Section 4 of the Dowry Prohibition Act,1961.

(2.) THE case of the prosecution, in brief, based upon the complaint dated 31-10-1993, filed by Babubhai Jethabhai Vania, elder brother of deceased Laxmiben (the deceased for short), is to the effect that the deceased was married to Benjamin Ambalal Rathod, respondent No.1, about two-and-a-half years before the incident that took place on 30-10-1993. After the marriage the deceased started residing with her husband (respondent No.1), father-in-law (respondent No.2), brother-in-law (respondent No.3) and mother-in- law (respondent No.4), in a joint family. The deceased lived in a joint family for about four months. Thereafter, respondent No.1 and the deceased started living separately from the other members of the family. It is the case of the prosecution that for the first four months, the married life of the deceased and respondent No.1 was smooth. A son was born out of the wedlock. When the son of the deceased and respondent No.1 was about four months old, respondent No.1 started beating the deceased and pressurizing her to bring money and ornaments from her parental home. It is further stated in the complaint that about six months prior thereto respondent No.1 had broken the hand of the deceased by hitting her with a "Velan".

(3.) AS sufficient incriminating evidence was found against the accused persons, they were charge-sheeted in the Court of learned Metropolitan Magistrate, Court No.19, Ahmedabad. As the case under Section 306 of the IPC is exclusively triable by the Court of Sessions, the learned Magistrate committed the case to such Court, where it was registered as Sessions Case No.227 of 1994. The learned Additional Sessions Judge, Court No.17, Ahmedabad (" the Trial Court" for short) to whom the case was made over for trial, framed the charge, at Exh.2, which was read over and explained to the accused persons. They denied their guilt and claimed to be tried. Accordingly the case was put to trial. In support of its case, the prosecution examined ten witnesses and produced documentary evidence. The allegations emerging from the statements of the prosecution witnesses were put to the accused, who denied them in their statements under Section 313 of the Code of Criminal Procedure, 1973. The defence of the accused persons was that of total denial. It was stated that a false case had been foisted upon them.