STATE OF GUJARAT Vs. MUKESHKUMAR SOMABHAI SOLANKI

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Court No.18, City Sessions Judge, Ahmedabad(for short, 'the trial Court'), Dated : 06.08.2004, rendered in Sessions Case No. 376 of 2003, whereby, the learned trial Court acquitted the original accused Nos. 1 to 4 the Respondents, herein, of the charge under Sections 498(A), 306, 323, 504(1) and 114 of the Indian Penal Code and Sections 3 and 7 of the Prohibition of Dowry Act.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that on 26.06.2003, while Shri. Dubey, who is serving as Engine Driver with the railways, was going to Botad with 460 Down Train and reached near Girdharnagar Bridge, he found that a lady was standing on the track. He, therefore, tried to applied the brakes of the train, but, same was of no avail and the train run over the lady. Hence, police was informed and an entry vide Accidental Death No. 90 of 2003 came to be registered with Ahmedabad Railway Police Station. At the time of PM, accused No.1 identified the body of the deceased lady as well as a child as that of his wife and his son. On 26.06.2003, the father of the deceased gave a complaint before the Shahibaug Police Station stating that the deceased was married with accused No.1 before about three and a half year of the alleged incident and out of the said wedlock, the deceased had given birth to the deceased Bhavesh. It is alleged in the complaint that accused Nos. 1 to 4 used to harass the deceased over the issue of dowry. It is stated in the complainant that on 21.06.2003, the deceased had come to her parental home and had informed him that the accused has demanded Rs.5,000/ -, and therefore, the complainant had given Rs.500/ - in cash, 20 kgs. Bajra and one pair of clothes for the deceased and her son Bhavesh and had sent her to her matrimonial home. On 25.06.2003, the complainant came to know through one Shivabhai that accused Nos. 1 to 4 had beaten the deceased, since, she did not bring Rs.5,000/ -. Then, on 26.05.2003, the alleged incident took place. The complainant, hence, lodged the complaint with police. On registration of the complaint, police carried out investigation and on finding sufficient evidence, charge -sheet was filed against all the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) BEFORE the trial Court, the prosecution, in support of its case, examined about nine witnesses.