STATE OF GUJARAT Vs. PREMJIBHAI MANGABHAI CHAVDA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 of the Cr. P.C., against the Judgment and order dated 14.07.1998 rendered by the learned Additional City Sessions Judge, Court No.14, Ahmedabad, in Sessions Case No.223 of 1997. The said case was registered against the present respondents -original accused for the offences punishable under Sections 498 -A, 306 read with Section -114 of the Indian Penal Code, 1860.

(2.) ACCORDING to the prosecution case, deceased - Hiraben, sister of the complainant was married to respondent No.1 -accused before three years of the incident. It is the case of the prosecution that after the marriage, deceased -Hiraben was staying in a joint family with her in -laws. Initially for a period of six months, their marriage life was smooth. However, thereafter, she was not treated well and during the marriage life, she did not bless with any child. Because of the said reason, respondent No.2 -mother -in -law used to taunt her that the deceased was not having any issue and therefore, she was "Vanjani". When deceased -Hiraben wanted to go to her parental house, her mother -in -law told her that she was having illicit relations with other and therefore, she wanted to go. Prior to six months before the incident, there was some quarrel between the deceased and her inlaws. Three months before the incident, respondent No.1 - accused gone to the house of the complainant and demanded Rs.3000/ - and if the said amount was not paid, sister of the complainant -deceased would be driven out. Therefore, the complainant and his mother paid Rs.3,000/ - to respondent No.1 -accused. On 14.01.1997, when the complainant was at his house at about 4:00 o'clock in the evening, one Khimjibhai came to the house of the complainant and informed that the sister of the complainant deceased -Hiraben admitted to the L.G.Hospital due to burn injuries. As a result of which, a complaint has been filed by the complainant bearing C.R.No.28 of 1997 before the Amraiwadi Police Station against the respondents -accused for the offences punishable under Sections 498 -A, 306 read with Section - 114 of the Indian Penal Code, 1860. Thereafter, the investigation was carried out and statements of witnesses were recorded. Then, charge -sheet was filed against the respondents -accused before the learned Metropolitan Magistrate, Ahmedabad. As the said case was exclusively triable by the Court of Sessions, learned Metropolitan Magistrate, Ahmedabad committed the case to learned Additional City Sessions Judge, Court No.14, Ahmedabad,Court vide committal order dated 19.09.1997, which was numbered as Sessions Case No.223 of 1997.

(3.) ON the basis of above allegations, charge was framed against the respondents -accused and read -over and explained to the accused for the offences punishable under Sections 498 -A, 306 read with Section -114 of the Indian Penal Code, 1860. The respondents -accused pleaded not guilty to the charge and claimed to be tried.