STATE OF GUJARAT Vs. MAHENDRABHAI CHATURBHAI VAGHARI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 15th September, 1994 passed by the learned Additional Sessions Judge, Ahmedabad City in Sessions Case No.329 of 1990 whereby he has acquitted the respondents of the offence under section 306 read with section 114 of the Indian Penal Code.

(2.) THE charge against the accused was to the effect that time and again, they used to make fun of Pritiben, daughter of Chandubhai Bhaijibhai Vaghari and were coming in the way of her getting engaged. By creating hurdles in her getting engaged and making fun of her when she went to the public toilet near Karunasagar temple on 4th March, 1988 at 12:50 hours the accused subjected her to mental harassment and instigated her to commit suicide, on account of which, deceased Pritiben sprinkled kerosene over her body and set herself on fire and in this manner, all the three accused abetted each other by instigating the deceased to commit suicide and caused her death and committed the offence under section 306 read with section 114 IPC.

(3.) BEFORE the trial court, the prosecution examined, in all, nine witnesses. Upon conclusion of the trial, the learned Additional Sessions Judge found that the prosecution has not proved the charges levelled against the accused beyond reasonable doubt and acquitted them.