STATE OF GUJARAT Vs. ZALABHAI VADHABHAI

JUDGEMENT

(1.) This appeal by the State of Gujarat is directed against the impugned judgment and order dated 8-1-1988 rendered in Criminal Case No. 731 of 1987, passed by the learned JMFC, Santrampur, wherein the Respondent-Zalabhai and his father Vadhabhai Ganeshbhai Baria who came to be tried for the alleged offences punishable under Section 498-A read with Section 114 of the Indian Penal Code, were at the end of trial ordered to be acquitted.

(2.) . In substance, to briefly narrate the prosecution case as it gets unfolded from the Complaint (Exh. 1) filed by Mr. P.B. Shukla, Dy. S.P., Lunavada, the incident in question wherein Bai Lila hanged herself to death due to the alleged cruelty perpetrated upon her by her husband Zalabhai and her father-in- law, took place on 24-2-1987 at about 10.00 a.m. at village Bhavar. On the basis of this allegation, after the investigation was over, the accused came to be chargesheeted to stand trial for the aforesaid alleged offences before the learned J.M.F.C., Santrampur. Thereafter the learned Magistrate on 18-7-1987 framed charge (Exh-3) alleging that Bai Lila, aged 21 committed suicide due to the cruelty perpetrated by her husband Zalabhai and father-in-law Vadhabhai, and accordingly, they were liable to be punished under Sections 498-A and 114 of the IPC.

(3.) . At trial, the respondents pleaded not guilty and claimed to be tried. The learned Magistrate after duly appreciating the prosecution evidence brought on the record, acquitted the accused, giving rise to the present appeal.