STATE OF GUJARAT Vs. BHIKHAJI LAXMANJI THAKORE

JUDGEMENT

(1.) THE present appeal under sec. 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the impugned judgment and order rendered in Sessions Case No. 213/99 by the Sessions Judge, Mehsana dated 15.4.2000 recording acquittal of the accused for the alleged offences under sec. 498A and 306 of the Indian Penal Code.

(2.) THE facts of the case briefly summarized are that the daughter of the complainant father was married to the respondent accused in 1997 at Village Ambaliyasan. It is the case of the prosecution that after the marriage, the daughter had gone to her matrimonial house during Diwali and initially for about a year and half the matrimonial life was smooth. It is stated that she had returned to the parental house before four months and had complained about harassment and ill -treatment on the ground that she was black. It is the case of the prosecution that the complainant father and family members had sent her on the occasion of Holi. However, after stay of 3 -4 days at in -law's she had returned to the parental house. Thereafter, on 30.3.1999, on the message from the sisterin - law of the complainant, the deceased was sent to her matrimonial house on the same day. On 5.4.1999, the nephew of the complainant informed in the morning that the deceased has committed suicide. Langhanaj Police Inspector had registered it as Accidental Death Case No. 3/99 and made the yadi for the inquest. Thereafter the post -mortem report was also made. However, the complainant father lodged the complaint which has been registered as FIR No. 46/99 at Langhanaj Police Station for the alleged offences which is produced at Exh. 34.

(3.) ON the basis of the complaint given by the complainant father the investigation was made and the chargesheet was filed for the alleged offences. It was tried by the Sessions Judge after it was committed by the court of Magistrate.