STATE OF GUJARAT Vs. SAKILABIBI RAHEMANBHAI PATHAN

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 24.03.2003 rendered by the learned Chief Magistrate, City Sessions Court No.1, Ahmedabad, in Sessions Case No.254 of 2000. The said case was registered against the present respondent -original accused for the offences punishable under Sections 498 -A and 306 of the Indian Penal Code, 1860.

(2.) ACCORDING to the prosecution case, deceased - Nasimbanu married to one Yusufkhan Maksudkhan, son of present respondent -accused -Sakilabibi Rahematali Pathan five months prior to the incident. As the marriage of the decease was love marriage, the respondent -accused did not like the deceased. The respondent -accused used to give abuses to the deceased regarding her character. The respondent -accused also forced the deceased for taking money from her parents. It is further the case of the prosecution that as the mental and physical torture became unbearable, on 24.09.1999, deceased committed suicide poured kerosene on herself and set herself on fire. Thereafter, she was shifted to L.G.Hospital, where her complaint was recorded by the police. Dying declaration was also recorded by the Executive Magistrate. During the treatment, she succumbed to the burn injuries on 28.09.1999. As a result of which, the father of the complainant filed complaint before the Rakhiyal Police Station bearing C.R.No.I -105 of 1999 against the respondent -accused for the offences punishable under Sections 498 -A and 306 of the Indian Penal Code, 1860, which was numbered as Criminal Case No1741 of 1999. Thereafter, inquest panchnama was carried out and statements of the witnesses were recorded. Dead body of the victim was sent for post -mortem. Thereafter, chargesheet was filed against the respondent -accused. As the said case was exclusively triable by the Court of Sessions, learned Metropolitan Magistrate, Ahmedabad committed the case to learned Chief Magistrate, City Sessions Court No.1, Ahmedabad, vide committal order dated 30.06.2000, which was thereafter, numbered as Case No.254 of 2000.

(3.) ON the basis of above allegations, charge was framed against the respondent -accused vide Exh.1 and read -over and explained to the accused for the offences punishable under Sections 498 -A and 306 of the Indian Penal Code, 1860. The respondent -accused pleaded not guilty to the charge and claimed to be tried.