STATE OF GUJARAT Vs. UMESHISNG RAJPALSING RATHOD

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 25.05.1993 passed by the City Sessions Judge, Ahmedabad in Sessions Case No. 9 of 1990 whereby the accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are that Anita (hereinafter referred to as 'the deceased') was married to original accused no. 1 and was residing with the accused. It is the case of the prosecution that after about a year of marriage, the respondents started inflicting mental and physical torture upon the deceased for bringing more dowry. It is the case of the prosecution that on 04.10.1989, the deceased along with her mother-in-law-respondent no. 3 went to parental house of the deceased. The deceased expressed her desire to stay at her father's house for 4 to 5 days which was declined by respondent no. 3. She was forcibly brought to her marital house from her parental house.

(3.) MR . VN Sheth, learned advocate appearing for Mr. NS Sheth for the respondents supported the impugned judgement and order and submitted that the same having been passed in accordance with law does not call for any interference. Mr. Sheth submitted that the prosecution has failed to prove the case against the respondents beyond reasonable doubt.