STATE OF GUJARAT Vs. MANIBEN

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 7/11/1996 passed by the learned Additional Session Judge, Vadodara in Sessions Case No.76 of 1996 whereby the accused - respondents herein came to be acquitted from the charge of the offences punishable under Ss. 304(B), 306, 34 etc. the Indian Penal Code (for short "the IPC"), the appellant - State of Gujarat has preferred present criminal appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated, the complainant - Ajitsinh Parshottamdas Thakor registered complaint with Vadodara J. P. Road Police Station, Vadodara inter alia stating that he was doing agricultural work and he was also a social worker. It is alleged that elder daughter of complainant Nitaben was married with accused - Ramesh and she was residing along with her father-in-law and mother-in-law and her sister-in-laws namely Niranjanaben and Sangitaben were also residing along with them. It is alleged that Nitaben came to her parental house and often and often she told the complainant that the accused persons demanded dowry and they harassed her mentally and physically and, thereafter, the complainant after understanding sent her to the matrimonial house. It is further alleged that on 8/2/1996 at about 4.00 p.m., when the complainant was at the office of Taluka Panchayat at that time he received a phone call from Mangalmurti Society that he reached at the house of the accused immediately. It is also alleged that the complainant reached at the house of the accused and saw that the accused were present at the house and Nitaben was lying on surface in straight condition and the complainant asked about happening with Nitaben, but none had given any reply. It is alleged that the complainant checked Nitaben, thereupon, he knew that Nitaben was died.

(3.) Pursuant to the FIR lodged by the complainant, investigating agency carried out the investigation and recorded statements of the prosecution witnesses, drawn various panchanamas and collected relevant expert evidence for the purpose of proving the offence. After having found sufficient material against the respondents herein, charge-sheet came to be filed before the concerned Magistrate Court. Since the case was exclusively triable by Sessions Court, concerned Magistrate Court committed the case to the Sessions Court as provided under Sec. 209 of the Code.