STATE OF GUJARAT Vs. SURVATSINH GANPATSINH GOHIL

JUDGEMENT

(1.) PRESENT appeal under Section 378(1(3) of the Criminal Procedure Code, 1973 ('the Code' for brevity) has been directed against judgment and order dated 29/06/2002 passed by the learned Sessions Judge, Panchmahal @ Godhra in Sessions Case No. 216 of 2001 whereby, the learned trial Judge was pleased to acquit the respondents herein original accused from the offence punishable under Sections 498A, 306, 323 r/w. Section 114 of the Indian Penal Code.

(2.) HEARD Mr. K. L. Pandya, learned Additional Public Prosecutor, for the appellant State of Gujarat and Mr. A. M. Parekh, learned advocate for the respondent Nos. 1, 2 and 4 original accused. From the record it appears that vide order dated 28/03/2005 passed by this Court, the appeal qua respondent No. 3 Ramansinh Ratansinh Gohil has been abated, since expired.

(3.) BRIEF facts of the prosecution case are that marriage of deceased Urmilaben and the respondent No. 1 had been solemnized prior to about two and half years of the incident in question. The respondent No. 2 is the fatherinlaw, the respondent No. 3 is the uncleinlaw and the respondent No. 4 is the motherinlaw of the deceased. It is the case of the prosecution that after the marriage, the respondents herein original accused, with the aid and abetment of each other, often used to taunt her on the count of food and household works and also used to beat her. On 26/04/2001 and 27/04/2001 also the respondent Nos. 1, 2 and 4 herein had beaten the deceased and respondent No. 3 had asked them not to provide food to the deceased and thus, physically and mentally tortured the deceased. Moreover, on 27/04/2001 also the respondent No. 1 herein had beaten the deceased with kick and fist blows on her chest and abdomen at the instigation of respondent Nos. 2 and 4. Thus, being tired of such physical and mental torture by the respondents accused, the deceased tried to commit suicide by consuming poisonous drug at her matrimonial home on 28/04/2001. She was admitted in the hospital and died on 05/05/2001. Accordingly, the accused were alleged to have committed the offence as above for which, complaint had been lodged against them.