STATE OF GUJARAT Vs. NELSON ADWARD VOLTER

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 12/09/2003 passed by the learned Additional Sessions Judge, Jamnagar in Sessions Case No. 63 of 1998 whereby, the learned trial Judge was pleased to acquit the respondent herein original accused from the offence punishable under Sections 306 and 498A of the Indian Penal Code, 1860.

(2.) HEARD Mr. K. L. Pandya, learned Additional Public Prosecutor, for the appellant State of Gujarat and Mr. Kirit J. Macwan, learned advocate for the respondent original accused.

(3.) BRIEF facts of the prosecution case are that deceased Valentina, daughter of complainant Shashibala, residing at Zalod, was serving at Irvin Hospital at Jamnagar as a Staff Nurse. The deceased used to visit the complainant on Christmas and on holidays. It is the case of the prosecution that the respondent accused was serving as a school teacher at Jamnagar. The deceased and the respondent accused had a love affair and were living together, without marriage. That on 04/01/1998 the deceased and the respondent accused had visited the house of the complainant and at that time, the complainant scolded them as they were thus moving together without marriage. Due to scolding, they went away from there on 05/01/1998 without intimating anybody. Then, on 27/01/1998, the complainant received a letter from the deceased narrating that the deceased and the respondent had got married in the Court at Nadiad on 08/01/1998. She had further written in the same that the respondent accused did not do anything and beating her on the suspicion of her character, addressing her as prostitute. She had further stated that she had a huge debts and requested the complainant to send Rs.2,000/else, the respondent accused would kill her.