STATE OF GUJARAT Vs. RAKESHBHAI GIRISHBHAI SOLANKI

JUDGEMENT

(1.) PRESENT appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973 has been directed against the judgment and order dated 25/10/2002, passed in Sessions Case No. 115 of 2002 by the learned Additional Sessions Judge, Fast Track Court No. 1, Ahmedabad, whereby, the learned Judge was pleased to acquit the respondents herein original accused from the offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code (for short 'IPC') and Sections 3 and 7 of the Dowry Prohibition Act.

(2.) BY order dated 28/02/2005, the present appeal has been admitted.

(3.) BRIEF facts of the prosecution case are that marriage of deceased Minaben @ Minaxiben and respondent No. 1 herein original accused No. 1 Rakeshbhai Girishbhai Solanki was solemnized as per the customs of their caste prior to three years of the incident. The respondent Nos. 2 to 4 original accused Nos. 2 to 4 are the inlaws of the deceased. Deceased Mina was not having any issue. It is the case of the prosecution that the respondents accused demanded money from the deceased saying that she had not brought sufficient dowry and forced her to bring cash from her father. They found fault in trivial matters and in household work. They bit the deceased. It is further the case of the prosecution that one year prior to the incident, due to physical and mental torture of the respondents accused to the deceased, the deceased had returned to her matrimonial home and only after the respondent No. 1 accused No. 1 husband and his two neighbours coming to bring her back, giving assurance that there would not be any such harassment in future to the deceased, the deceased went back to her matrimonial home. Thereafter, on 18/12/2001 at about 6:00 a.m., the complainant the father of the deceased, received telephonic message from the respondent No. 1 accused No. 1 husband that Mina had burnt and was taken to the hospital. The complainant along with his cousin brother went to the hospital where the doctor declared her to be dead due to burn injuries. And thus, the complaint for the alleged offences has been registered against the present respondents original accused.