STATE OF GUJARAT Vs. ALPESH KUMAR HASHMUKHBHAI DOSHI

JUDGEMENT

(1.) The present appeal is directed against the impugned judgment and order in Sessions Case No. 66/2001 passed by the Addl. Sessions Judge (Fast Track Court). Sabarkantha at Himatnagar dated 18th December 2002 recording acquittal for the offences under sections 498A, 306 & 114 of Indian Penal Code.

(2.) The facts of the case, briefly summarised, are that the daughter of the complainant father was married to A-1. She had two issues out of the wedlock. However, it is stated that whenever she was going to the parental house, she was complaining and crying that the decisions in the house are taken by the motherin- law, A-3, and A-1 only listens to the mother. The deceased daughter had visited the house of the complainant on 4.11.2000 just the previous day as there was some quarrel with regard to preparation of 'mamra' (parched rice). Thereafter she returned to her matrimonial house and on 5.11.2000 the complainant was informed about the suicide committed by the deceased. Therefore, they had gone to the house of the deceased daughter and thereafter lodged the complaint which was initially registered as an accidental death case No. 30/2000.

(3.) On the basis of the complaint, the investigation was made and the chargesheet was filed. The court below proceeded with the trial after it was committed to it by the court of magistrate. After recording of the evidence of the prosecution witnesses was over, Further Statement of the accused persons under sec. 313 of CrPC was recorded. The court below, on appreciation of the material and evidence, recorded the acquittal which is assailed in the present appeal.