STATE OF GUJARAT Vs. VINODBHAI KISHANBHAI KUKANA

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 05/12/2002 passed by the learned Additional Sessions Judge, Navsari in Sessions Case No. 181 of 1998 whereby, the learned trial Judge was pleased to acquit the respondents herein original accused from the offence punishable under Sections 498A, 306 and 114 of the Indian Penal Code.

(2.) HEARD Mr. K. L. Pandya, learned Additional Public Prosecutor for the appellant State of Gujarat and Mr. H. B. Shethna, learned advocate for the respondents.

(3.) BRIEF facts of the prosecution case are that deceased Meena, daughter of the complainant, and the respondent No. 1 original accused No. 1 got married in the year 1998, somewhere, prior to three months of the incident dated 18/08/1998. They were residing in the joint family. The respondent No. 3 herein maternal aunt (Masi) of the respondent No. 1 herein husband was residing near their house. It is the case of the prosecution that on 07/08/1998, i.e. on the day of Raksha Bandhan, when deceased Meena visited her parental home, she had informed the complainant about harassment and scolding to her by her motherinlaw as well as her auntinlaw (Masiji Sasu) on the count of household works. At that time, the complainant had given consolation to her and told that he will do the needful in the matter. Thereafter, on 14/08/1998, the deceased went away to her parental house and on being asked by the complainant about the same, she again complained about the scolding and harassment by her motherinlaw and the auntinlaw (Masiji Sasu) on one count or the other. The complainant consoled her and asked her to reside with them. On the next day, the respondent No. 1 husband of the deceased came to the house of the complainant. He told the complainant that he had got the job and they i.e. he and the deceased, would be residing separately thenceforth. On such assurance, the complainant readied to send the deceased back to her matrimonial home. However, on 18/08/1998, the fatherinlaw of the deceased came to the house of the complainant to come to the hospital as his daughter burnt herself. When the complainant went to the hospital, he found the deceased lying in the burnt condition. It is the case of the prosecution that the deceased informed the wife of the complainant that she had tried to commit suicide on account of harassment and quarrel by the accused. Accordingly, the accused were alleged to have committed the offences as above for which the complaint had been lodged against them.