STATE OF GUJARAT Vs. GIRISHKUMAR GOVINDLAL DAVE

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 Cr. P.C., against the Judgment and order dated 12.7.1993 rendered by the learned Additional Sessions Judge, Ahmedabad Rural, in Sessions Case No.86 of 1992. The said case was registered against the present respondent original accused for the offence under Sections 498A, and 306 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, deceased Meena was residing in the neighbourhood of complainant and was carrying seven months pregnancy. Prior to incident of six months daughter of complainant complained that soninlaw of complainant Girishkumar was habitual drunkard and he used to tortured and harassed her. Deceased Meena was observing Dasama fast to relieve the habit of liquor drinking of Girishkumar and, therefore, she was offering prayer, but her husband continued harassment to her and, therefore, she closed the door from inside and ablaze herself. Hence the complainant registered the complaint.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him in the Court of learned Magistrate. As the case was sessions triable the same was committed to the Court of Sessions.