STATE OF GUJARAT Vs. ARVIND KURJI

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 26.10.1993 rendered by the learned Assistant Sessions Judge, Amreli, in Sessions Case No.52 of 1992. The said case was registered against the present respondents original accused for the offence under Sections 498A, and 306 read with 114 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, deceased Manjula married to Arvindbhai Kurjibhai Kumbhar one year prior to the date of incident. Accused Arvind was doing the work of diamond polishing at Surat and after six months Arvind went to live at village Kherali in joint family consisting of motherfather, elder brother and aunt Nanduben. Before about ten days of the incident deceased Manjula and Arvind went to inlaws' house due to function and stayed there for three days. At that time, deceased Manjula told her mother Godavriben and complainant that husband Arvind, brotherinlaw Himatbhai, Aunt Nanduben are taunting, abusing and once they also beaten her. On 28.2.1992 at about 2 O'clock in noon Kubhar Karamshi and Nagjibhai Kubhar arrived at village Kherali and told the complainant that at 7 O'clock in the morning deceased Manjula left the house without intimating anyone. On 4.3.1992, the complainant went for shopping at around 12 O'clock to Moti Kherali, at that time Mohan Karmshi told the complainant that dead body of deceased Manjula is floating in Dholiya well. Thereafter the complainant went to Moti Kherali and brought out dead body of deceased Manjula from Dholiya well. Thereafter, the complainant lodged the complaint with Police Officer, Amreli.

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