STATE OF GUJARAT Vs. VINODRAI SOMESHWAR PANDYA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under against the Judgment and order dated 13.02.1997 rendered by the learned Additional Sessions Judge, Ahmedabad (Rural), Mirzapur in Sessions Case No.02 of 1991. The said case was registered against the present respondents -original accused for the offences punishable under Sections 427, 306 and 114 of the IPC.

(2.) ACCORDING to the prosecution case, deceased -Maltiben was mentally tortured by the respondents -accused on account of drainage pipe -line, which was passing through the compound wall of the respondents -accused and such a thing was going to be happened frequently between deceased Maltiben and the respondents -accused. Due to such harassment and mental torture, the deceased committed suicide on 18.05.1990. As a result of which, a complaint was filed by the complainant -Beenaben w/o Manishbhai Babulal before Ghatolodia Police Station, for the offences punishable under Sections 427, 306 and 114 of the IPC. Thereafter, the investigation was carried out by the Investigating Officer, panchanama was drawn and muddamal article was recovered. Thereafter, statements of the witnesses were also recorded by the Investigating Officer. Thereafter, charge -sheet was filed against the respondents -accused before the learned Judicial Magistrate First Class, Ahmedabad, Rural. As the said case was exclusively triable by the Sessions Court, learned JMFC committed the case to the Court of learned Additional Sessions Judge, Ahmedabad (Rural), Mirzapur, which was numbered as Sessions Case No.02 of 1991.

(3.) ON the basis of above allegations, charge was framed vide Exh.2 and read -over and explained to the accused for the offence punishable under Sections Sections 427, 306 and 114 of the IPC. The respondents -accused pleaded not guilty to the charge and claimed to be tried.