STATE OF GUJARAT Vs. HITESHKUMAR NANJIBHAI CHAUHAN

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 28.10.1999 rendered by the learned Sessions Judge, Amreli, in Sessions Case No.76 of 1993. The said case was registered against the present respondent original accused for the offence under Sections 498A, and 306 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, on 31.8.1993 at 20:15 hours in Western Park, house named "ShadaShiv" the accused Hiteshkumar Nanjibhai Chauhan harassed and tortured his wife viz. Induben for household work saying that, 'she did not like him' and instigated her to commit suicide. Therefore, Induben with her daughter viz. Prathna of five years poured kerosene and ablaze. Hence the complaint was filed.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him in the Court of learned Magistrate. As the case was sessions triable the same was committed to the Court of Sessions.