STATE OF GUJARAT Vs. JAGDISHBHAI PUNJABHAI CHAMAR

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 23.5.2002 rendered by the learned Assistant Sessions Judge, Sabarkantha at Himmatnagar, in Sessions Case No.62 of 2001. The said case was registered against the present respondents original accused for the offence under Sections 498A, and 306 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, accused no.1 is the husband of the deceased Surekha, accused no.2 is the fatherinlaw of the deceased and accused no.3 is the motherinlaw of the deceased. Accused no.1 married the deceased Surekhaben four years prior to the incident and out of the wedlock they have a son aged one and a half year. That for the first two years, she was kept well by the inlaws.

(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. Thereafter, charge came to be framed and explained to the accused persons, to which the accused persons pleaded not guilty and claimed to be tried.