LAWS(GJH)-2024-10-68

STATE OF GUJARAT Vs. DAMAYANTIBEN

Decided On October 23, 2024
STATE OF GUJARAT Appellant
V/S
Damayantiben Respondents

JUDGEMENT

(1.) The appellant - State of Gujarat has preferred this appeal under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order dtd. 6/7/2006 passed by the learned Additional Sessions Judge, Fast Track Court No.6, Gondal Camp at Jetpur (hereinafter be referred to as "the trial Court") in Sessions Case No.26 of 2002, whereby the trial Court has acquitted the accused from the offences punishable under Ss. 498A, 306 and 114 of the Indian Penal Code (hereinafter be referred to as "the IPC") and under Sec. 3(1) (7) of the Dowry Prohibition Act.

(2.) It is the case of the prosecution that one Hetal daughter of the complainant married with accused No.2 and the marriage life of Hetal was going on smoothly. It is the case of the prosecution that after some time, altercation took place with regard to dowry and the accused were giving mental and physical torture to Hetal and taunting her about the dowry and, therefore, she went to her parental home where she consumed poison and tried to commit suicide. Thereafter, she was taken to the hospital and during the course of the treatment, she succumbed to the injuries. The FIR being C.R.No.18/2002 was registered before the Jetpur City Police Station for the offences punishable under Ss. 498A, 306 and 114 of the IPC and Under Sec. 3(1)(7) of the Dowry Prohibition Act.

(3.) After completion of the trial and having heard both the sides, the trial Court has acquitted the accused from the charges levelled against them.