STATE OF GUJARAT Vs. ASHWINBHAI CHANDUBHAI KERALIA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 Cr. P.C., against the Judgment and order dated 28.2.2005 rendered by the learned Additional Sessions Judge, Rajkot, in Sessions Case No.87 of 2004. The said case was registered against the present respondent original accused for the offence under Sections 498A, and 306 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, marriage of Bhavnaben who is daughter of complainant took place with respondent accused on 24.4.2004 and after her marriage deceased Bhavnaben went to Village : Rafala to attend marriage alongwith respondent accused where the respondent accused was gambling and as deceased gave advise not to do gambling the respondent accused had beaten deceased without any fault. It is further case of the prosecution that after the aforesaid incident she was physically and mentally tortured as well as beaten by respondent accused on petty matters on household work and thereby subjected to cruelty. It is further case of the prosecution that on 14.5.2004, respondent accused had severely beaten her and as the cruelty meted out by the respondent was beyond control she committed suicide by sprinkling kerosene and alighting fire on her body. Hence the complaint came to be lodged.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him in the Court of learned Magistrate. As the case was sessions triable the same was committed to the Court of Sessions.