STATE OF GUJARAT Vs. JAGDISHBHAI KESHABHAI MAKVANA

JUDGEMENT

(1.) Present appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 20/6/2011, passed in Sessions Case No. 38 of 2010 by the learned 2 nd Additional Sessions Judge, Mahesana, camp at Visnagar, recording the acquittal.

(2.) Brief facts are that complainant - Devjibhai Hirabhai has filed the complaint against the respondents - accused to the effect that the deceased Sushila was his third daughter. Sushila was married to accused no.1 before 12 years of incident and out of such wedlock deceased has two children. On the day of incident i.e. 13/3/2009 at about 7:00 am complainant received a phone call from the elder brother in law of the deceased that deceased has received burn injuries and they shall came immediately. As he was not well that day, both of his sons with his wife went to matrimonial home of the deceased. After some time, he received phone call of his son Kaushik that deceased got burnt and died and her dead body was to bring at Visnagar Civil Hospital for post-morterm. Therefore, complainant reached the Civil Hospital at about 10:00 am, where his son Kaushik has informed him that deceased was pressurized to commit suicide by her in-laws. It is also stated in the complaint that before few days of the incident, complainant and his son Kaushik received a message that in - laws of the deceased have beaten her and harassed her. At that time, brother of the deceased - Kaushik with his wife visited the deceased and persuaded the in - laws of the deceased not to beat her or harass her. It is also stated in the complaint that on 26/2/2003 deceased had filed a complaint against her husband and in - laws becasue of ill-treatment and harassment by them. However, compromise was arrived at between the parties in the Court and thereafter elder brother in law of the deceased had come and brought back her to matrimonial house. However, such mental and physical torture didn't stop and therefore, deceased ended her life by setting herself on fire.

(3.) Hence, the complainant lodged a complaint against the respondents - accused for the offences punishable under Ss. 306, 498(A) and 114 of the Indian Penal Code, 1860 (herein after referred to as 'the IPC ') and Ss. 3 and 7 of the Dowry Prohibition Act.