STATE OF GUJARAT Vs. SURESHBHAI RAIJIBHAI BHIL

JUDGEMENT

(1.) The State has preferred this appeal under Section 378 (1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dated 12.2.2004 rendered by the learned Sessions Judge, Vadodara in Sessions Case No. 224 of 2002. The said case was registered against the present respondent original accused for the offence under Section 306 of the Indian Penal Code.

(2.) The case of the prosecution is that the complainant Shri Jayantibhai lodged FIR on 17.2.2002 at Naswadi Police Station alleging, inter alia that the deceased Sarlaben was pursuing her studies by staying at the house of her elder sister Gitaben, who was married to Kashiram Govindbhai at Rajpipla and the deceased was staying there since last 4-5 years. It is further the case of the prosecution that the accused person who was studying in the physical training institution at Rajpipla came into contact with the deceased Sarlaben in the year 1999 and developed love relationship. It is the case of the prosecution that both decided to marry and for that purpose, they have also filed up the memorandum of marriage form.

(3.) Shri J.K.Shah, learned APP appearing for the State has submitted that the order of acquittal is against law and evidence on record. He submitted that the learned Judge has erred in not appreciating the deposition of the witnesses. He also submitted that the learned Judge has not properly appreciated the evidence of the witnesses in its true perspective and therefore the impugned judgment is bad in law and is required to be quashed and set aside.