STATE OF GUJARAT Vs. HARIJAN PREMJI SHIVA

JUDGEMENT

(1.) THE present appeal under Section 378 (1) (3) of the Criminal Procedure Code, 1973, is directed against the impugned judgment and order rendered in Sessions Case No.63 of 1998 by the Additional Sessions Judge, Fast Track Court, Dhangadhra dated 13.03.2003 recording acquittal for the alleged offences under Section 306 and 498A of the Indian Penal Code.

(2.) THE facts of the case briefly summarised are that the deceased daughter of the complainant is said to have committed suicide due to the mental harassment and cruelty caused by the respondentaccused (husband) by consuming pesticides/poison used for sprinkling on cotton crop. It is the case of the prosecution that the the marriage of the daughter of the complainant has taken place before three years. However, according to the customs, she was sent to her matrimonial house and stayed with respondenthusband for a short period of about two months. It is the case of the prosecution that the deceased has written the postcard at Exh.27 stating about the harassment by the respondentaccused, calling the father and the brother to come and take her. Thereupon, the complainant further lodged the complaint, which has been registered as FIR No.128/1995 with Dhangadhra Taluka Police Station for the alleged offences punishable under Section 306 and 498A of the Indian Penal Code. On the basis of the complaint given by the complainant, investigation was made and charge sheet was filed for the offences alleged and it was tried by the Sessions Court, Dhangadhra.

(3.) IN order to bring home the charges leveled against the accused person (husband), the prosecution examined the witnesses including the complainantfather and other witnesses like mother etc. After recording of the evidence of the prosecution witnesses was over, the statement of the accused under sec. 313 of CrPC was recorded. After hearing the learned APP as well as the learned advocate for the respondent accused, the learned Sessions Judge, Dhangadhra as stated above, recorded acquittal on appreciation of evidence and material. It is this judgment and order which has been assailed by the appellantState on the grounds stated in the appeal.