STATE OF GUJARAT Vs. RAMESHBHAI KARSHANBHAI GOHIL

JUDGEMENT

(1.) By way of this Appeal, the Appellant - State is aggrieved by the judgment and order of acquittal dtd. 30/3/2007 passed by the learned Additional Sessions Judge, Fast Track Court No.5, Jamnagar in Sessions Case Nos.113 of 2006 and 114 of 2006 whereby the respondents were acquitted for the offences punishable under Ss. 498(A) read with Ss. 306 and 114 of the Indian Penal Code.

(2.) The case of the prosecution is as under :-

(3.) Learned Additional Public Prosecutor Mr. Dhawan Jayswal for the appellant - State has taken this Court to the medical evidence and has submitted that the presence of the accused is proved in the commission of the crime. It is further submitted that learned Judge has erred in discarding the evidence of the complainant, whose evidence gets corroborated from the First Information Report which was lodged after the incident. It is also submitted that the learned Judge has failed to appreciate the evidence of the PW-1, father of the deceased (the complainant). In addition, the evidence of PW-2, the mother of deceased also establishes that the deceased was subjected to physical and mental torture. In addition, the evidence of PW-4, Arjanbhai (the grandfather of the deceased) also corroborates the aspect of physical and mental torture.