STATE OF GUJARAT Vs. RAVIKUMAR @ RAMAJI HIRABHAI PATEL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 26/2/1999 passed by the learned Addl. Sessions Judge, Rajkot in Sessions Case No.13 of 1992, whereby the respondent herein - original accused came to be acquitted for the offences under Ss. 498(A), 304(B) and 306 of Indian Penal Code, 1860, the appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) The brief facts of the case as per the prosecution are as such that on 10/9/1991, Pragnaben, the daughter of complainant Savitaben Mohanbhai committed suicide by jumping into the unused well situated in the outskirts of Kuvadva village, due to physical and mental torture by the accused. Subjecting physical and mental torture, the accused has provoked her to commit suicide. By doing so, the accused has committed punishable offence under Sec. 306 of the I.P.C. within the jurisdiction of this Court.

(3.) After registering the complaint of the complainant, Police Inspector - Shri B.R. Thakor has carried out the investigation of this crime and after completion of necessary investigation, charge-sheet has been filed before the Court of Judicial Magistrate First Class, Rajkot. The dead body of the deceased was found before the offence was registered and on the basis it, accidental death case No.74 of 1991 was registered under Sec. 174 of the Penal Code and the investigation was carried out. The Inquest Panchnama in respect of the accidental death of the deceased Nilansh was drawn and the Panchama of the place of incident was drawn. Both the Panchnamas have been kept with the investigation papers in this offence. The statements of the witnesses have been recorded after the offence was registered. As the examination of dead body was conducted and note to this effect was found, the same have been enclosed with the investigation papers by the Investigating Officer.