STATE OF GUJARAT Vs. GIRISHKUMAR A PATEL

JUDGEMENT

(1.) THIS appeal under section 378 of the Criminal Prodedure Code, at the instance of the State, is against the judgment and order of acquittal dated 04.09.1992, passed in Sessions Case No.40 of 1990, by the learned Additional Sessions Judge, Nadiad.

(2.) THE brief facts of the prosecution case are that a complaint was filed on 07.11.1989 by the complainant, father of the deceased inter alia alleging that his daughter Induben got married with accused No.1 and out of their wedlock one baby girl was born. It is alleged that at her matrimonial home, his daughter was subjected to mental cruelty by her in -laws. It is further alleged that on 03.11.1989 at about 12:00 hours, the father -in -law of his daughter had telephoned him and informed that his daughter met with an accident and admitted in the Municipal Hospital, Anand. Thereafter, the complainant along with his family members went to Municipal Hospital, Anand. It is also alleged that when they reached to the hospital his son -in -law informed that that when his daughter went to Mahi river for bath, she drowned the river and died. It is further alleged that after performing all post death ceremonies, on 5.11.1989 the complainant and his family members went to Galteshwar, Anand from Ahmedabad for inquiring about the incident. Thereafter, on 07. 11.1989, the complaint was filed.

(3.) LEARNED APP appearing for the appellant -State has submitted that the trial Court has committed error in acquitting the respondent -accused since there were ample direct and indirect evidence on record to connect the respondent -accused with the crime. He further submitted that the Trial Court has failed to appreciate the material on record in its true perspective. Therefore, he requested this Court to allow this appeal.