STATE OF GUJARAT Vs. AAHER BHIMABHAI GOVINDBHAI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 27.4.2004 passed by the learned 3rd Fast Track Judge and Addl. Sessions Judge, Junagadh in Sessions Case No.68/1998, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Section 498A, 306 and 114 of the Indian Penal Code.

(2.) THE brief facts of the prosecution case are that the marriage between the accused no. 4 Malde Bhima and the deceased Puriben took place five years prior to the date of incident. The deceased was staying with her husband in a joint family. As the agricultural income of the family was less than expected, for the purpose of purchasing agricultural seeds, the accused wanted to mortgage the ornaments of the deceased to which the deceased refused and therefore, the accused persons were torturing the deceased physically and mentally, as a result of which, on 7.5.1986 at about 14.00 hours, she after pouring kerosene set herself on fire. Therefore, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against them, which was numbered as Sessions Case No. 68 of 1998. The trial was initiated against the respondents.

(3.) TO prove the case against the present accused, the prosecution has examined witnesses and also produced documentary evidence.