STATE OF GUJARAT Vs. HARIJAN BABU AMRA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 12.11.1997, rendered in Sessions Case No.142 of 1992, by the learned Assistant Sessions Judge, Junagadh, whereby the respondents ­ original accused have been acquitted of offences punishable under Sections 498A and 306 of the Indian Penal Code.

(2.) BRIEFLY stated, it is the case of the prosecution that Savitaben, the deceased, was married to respondent No.1 and lived in her matrimonial home at Village Choki. Respondent No.1 and respondent No.2, the brotherinlaw of the deceased (husband's younger brother) used to scold the deceased for not covering her face as per the custom, and for household work. As per the case of the prosecution, the respondents used to beat the deceased and treat her with cruelty, due to which she was driven to commit suicide by sprinkling kerosene upon her person and setting herself ablaze.

(3.) THE prosecution has examined seven witnesses in support of its case and has produced an equal number of documents, as evidence. After the recording of the evidence of the prosecution witnesses was over, the Trial Court explained to the accused, the circumstances appearing against them in the evidence of the prosecution witnesses and recorded their statements under Section 313 of the Code of Criminal Procedure. The respondents denied the charges against them. At the end of the Trial, upon appreciation and evaluation of the evidence on record, the Trial Court found that undisputably, the deceased had committed suicide by setting herself ablaze. It further found that the prosecution had failed to prove, beyond reasonable doubt, that the respondents had instigated and abetted the deceased to commit suicide or that the deceased was subjected to cruelty or harassment in any manner, whatsoever, prompting her to end her life. Accordingly, the Trial Court acquitted the accused persons of the offences with which they were charged, giving rise to the filing of the present appeal.