STATE OF GUJARAT Vs. SHAILESH KALIDAS MEHTA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 30/3/2007 passed by the learned 2nd Additional Sessions Judge, Bhavnagar in Sessions Case No.224 of 2006, whereby the respondents accused came to be acquitted for the offences under Sec. 498(A), 306, 323, 114 of Indian Penal Code, the appellant - State has preferred present appeal under sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Brief facts of the case leading to filing of the appeal are that as per the complaint, the complainant is belonging to Vaniya community and she is residing at village Budhel along with her husband and mother-in-law. That on 8/7/2006, while she was at her in-law's house, her husband has beaten her and sent her back to her parental home. That day before the incident, the complainant was given kick and fist blows by her husband and was subjected to cruelty by her mother-in-law. Rekhaben - sister-in-law of the also abetted husband and mother-in-law of the complainant for ill-treating the deceased. Thus, all the accused persons in abetment of each other, have caused physical and mental torture to the complainant deceased and therefore, the complainant committed suicide by pouring kerosene on her body and setting her on fire. Thus, FIR being C.R.No.II - 71 of 2006 at the instance of the deceased came to be registered against the respondents accused for the aforesaid offences.

(3.) In pursuance of the complaint being C.R.No.II - 71 of 2006 lodged by the complainant with the Vartej Police Station for the aforesaid offences, the investigating agency recorded statements of the witnesses, drawn various Panchnamas and obtained FSL report for the purpose of proving the offence. After having found sufficient material against the respondents accused, charge-sheet came to be filed in the Court of learned JMFC, Bhavnagar. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Bhavnagar as provided under sec. 209 of the Code.