STATE OF GUJARAT Vs. PABJI GAGUJI

JUDGEMENT

(1.) PRESENT appeal under Section 378(1)(3) of the Criminal Procedure Code, 1973 ('the Code' for brevity) has been directed against judgment and order dated 08/10/2003 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Ahmedabad (Rural) in Sessions Case No. 61 of 2003 whereby, the learned trial Judge was pleased to acquit the respondents herein original accused from the offence punishable under Sections 498A and 306 r/w. Section 34 of the Indian Penal Code, 1860.

(2.) HEARD Mr. K. L. Pandya, learned Additional Public Prosecutor, for the appellant State of Gujarat. Though served, none has appeared on behalf of the respondents accused.

(3.) BRIEF facts of the prosecution case are that marriage of deceased Khetuba and respondent No. 1 original accused No. 1 Pabaji Gaguji was solemnized prior to ten years of the incident in question dated 22/11/2002 and they were residing at Village: Sitapur in a joint family. Out of the said wedlock, they had two children. It is the case of the prosecution that the respondents original accused used to harass the deceased and also beat her and thereby, the deceased was being subjected to cruelty. When the same became unbearable, the deceased took the ultimate step and tried to commit suicide on 22/11/2002 at her matrimonial home, when nobody was present at the home, by setting herself ablaze by pouring kerosene. She got burn injuries and was admitted to the hospital, where she succumbed to the injuries. Accordingly, the accused were alleged to have committed the offence as above for which, complaint had been lodged against them.