STATE OF GUJARAT Vs. BAVKUBHAI HADABHAI BASIA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 22/10/2008 passed by the learned Principal District Judge, Junagadh in Sessions Case No.29 of 2007, whereby the respondent accused came to be acquitted for the offences under Sec. 306 , 498(A) , 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 complaint as per complainant is such that the complainant Sureshbhai lodged a complaint on 30/1/2007 to the effect that he is doing agricultural work and his younger sister Kanchanben married in the year 2002 with respondent No.3 and respondent Nos.1 and 2 are the in-laws of Kanchanben. It is further the case of the prosecution that after marriage, Kanchanben started living in joint family at village Khamdhol. After after 4-5 months of the marriage, Kanchanben was keeping well at her matrimonial house. But after six months, when Kanchanben came to her parental house, she told her parents that the respondent No.3 started beating her after drinking liquor and harassing her by saying that she was not liked by him. Her in-laws also used to taunt her by saying her to go to her parental home. But, after persuasion, Kanchanben again sent back to her matrimonial home by her parents. After three months, respondent No.3 left Kanchanben at her parental home and thereafter, Kanchanben stayed at her parental home for about three years. Before the date of incident, again Kanchanben was sent back to her matrimonial home on arriving at a compromise. During that period, the complainant received telephonic message from her in-laws demanding Rs.50,000.00 for purchasing an autorickshaw and threat was given if the same was not given, Kanchanben would remain no more. On the day of incident, the complainant received message that her sister Kanchanben was burnt and died. Thus, FIR being C.R.No.I-16 of 2007 came to be registered against the respondents accused for the aforesaid offences.

(3.) In pursuance of the complaint being C.R.No.I-16 of 2007 lodged by the complainant with the Junagadh Taluka Police Station for the aforesaid offences, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons 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 concerned learned JMFC. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Junagadh as provided under Sec. 209 of the Code.