STATE OF GUJARAT Vs. VISHNUDAS GOVINDRAM SHARMA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 27/3/1997 passed by the learned Additional Sessions Judge, Junagadh in Sessions Case No.106 of 1994, whereby the respondents accused came to be acquitted for the offences under Sec. 143, 147, 149, 120(B), 302, 304(B), 498(A) read with Sec. 34 and 114 of Indian Penal Code and under Sec. 4 of the Prohibition of Dowry Act, the appellant ' State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Code' for short).

(2.) Brief facts of the case is that daughter of the complainant got married with accused no.2 - Suresh on 15/4/1993. After marriage, daughter of the complainant - Pravina @ Poonam was treated well. But after few days, the husband and in laws of the Pravina @ Poonam started ill treating by taunting her and used to demand more amount of dowry. She was physically and mentally tortured. Out of wedlock, on 28/1/1994, deceased Pravina @ Poonam gave birth to twins - Hetal and Dimple. On 12/2/1994, the in laws of Pravina @ Poonam with intention to kill her hatched conspiracy and poured kerosene and ignited her to death. Hence, FIR came to be filed against the respondents accused being C.R.No.I-77 of 1994 with Junagadh City Police Station.

(3.) In pursuance of the complaint lodged by the complainant with the Junagadh City Police Station for the offence under Sec. 143, 147, 149, 120(B), 302, 304(B), 498(A) read with Sec. 34 and 114 of Indian Penal Code and under Sec. 4 of the Prohibition of Dowry Act, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons and obtained FSL report for the purpose of proving the offence. After having found sufficient material against the respondent accused, charge-sheet came to be filed in the Court of learned JMFC, Junagadh. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Junagadh as provided under Sec. 209 of the Code.