STATE OF GUJARAT Vs. RAISABIBI ATIKBHAI SHEIKH

JUDGEMENT

(1.) THE present appeal is filed by the appellant -State under section 378(1)(3) of the Code of Criminal Procedure, 1973 being aggrieved and dissatisfied with the judgment and order of acquittal dated 21 -4 -2003 passed by the learned Additional Sessions Judge, Court No.11, Ahmedabad City, in Sessions Case No.369 of 2000 whereby the accused has been acquitted of the charges leveled against him.

(2.) SHORT facts of the case are that five months prior to 14 -6 - 2000, Munni @ Mehrunnisa, daughter of the complainant, got married to accused No.2 and they were residing together as wife and husband under one roof with family members of accused No.2. It was alleged that due to demand of dowry and physical and mental torture meted out at the hands of the accused No.2 and his family members, Munni @ Mehrunnisa committed suicide on 14 -6 -2000 at 8.30 a.m. by pouring kerosene and setting herself on fire. In pursuance of the complaint filed by mother of the deceased, the police started investigation. In the meanwhile, the accused were arrested on 14 -6 -2000. At the end of investigation and on the basis of material collected against the accused, since a prima facie case was made out against the accused, a charge sheet was filed against the accused on 31 -7 -2000. As the offences alleged against the accused was exclusively triable by the Court of Sessions, learned Metropolitan Magistrate, Court No.4, Ahmedabad, committed the case to the Court of Sessions for trial. Thereafter, charge was framed against the accused. The accused pleaded not guilty to the said charge and claimed to be tried.

(3.) AT the end of trial, after hearing the learned advocates appearing for the prosecution and the defence, the learned Additional Sessions Judge, Court No.11, Ahmedabad City, vide judgment and order dated 21 -4 -2003 passed in Sessions Case No.369 of 2000 acquitted the respondents -accused of all the charges levelled against them, which is giving rise to the present appeal.