STATE OF GUJARAT Vs. CHAVDA DASHRATHJI SHIVAJI

JUDGEMENT

(1.) THIS Criminal Misc. Application has been filed by the applicant - State of Gujarat for grant of leave to prefer appeal under section 378 (1) (3) of the Criminal Procedure Code, 1973, against the judgment and order of acquittal dated 22.7.2013 passed by learned Sessions Judge, Mehsana in Sessions Case No.107 of 2012 acquitting the respondents - original accused for the offences punishable under sections 498(A), 306, 323, 504 and 114 of Indian Penal Code.

(2.) IT is the case of the prosecution that accused Nos.1 and 2 were neighbours of complainant deceased Chavda Manjulaben Parbatji, residing at Old Shedhavi, Taluka - District Mehsana. It is alleged that the complainant constructed a wall between their houses at her expenses but the accused though repeated requests did not pay their share of the expenditure incurred by her because of which quarrel was taking place between them many a times. It is alleged that accused No.3, who was also neighbour of the complainant, instigated accused Nos.1 and 2 to quarrel with the complainant as regards the money and on the day of incident, when the complainant demanded money, the accused got excited and gave filthy abuses and therefore, the complainant could not tolerate the said harassment and committed suicide by pouring kerosene and set ablaze herself and thereby the accused have induced the deceased to commit suicide and have committed the offences as alleged. Ultimately, the complaint was filed against the respondents - accused at Laghnaj Police Station, Mehsana for the offences punishable under sections 498(A), 306, 323, 504 and 114 of Indian Penal Code.

(3.) DURING the course of investigation, the police recorded statements of witnesses, drawn the panchnama of place of incident and as there was sufficient evidence connecting the respondents accused with the crime, charge sheet was filed. As the case was exclusively triable by the Court of Sessions, the same was committed to the Court of Sessions and registered / numbered as Sessions Case No.107 of 2012.