LAWS(GJH)-2015-5-30

STATE OF GUJARAT Vs. ARJUNSINH SALAMSINH CHAUHAN

Decided On May 06, 2015
STATE OF GUJARAT Appellant
V/S
Arjunsinh Salamsinh Chauhan Respondents

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 26.3.2004 passed by the learned Addl. Sessions Judge, Fast Track Court, Godhra, in Sessions Case No. 248/2000, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 498 -A and 306 of IPC.

(2.) THE brief facts of the prosecution case are that the complainant Chandrasinh Dajibhai Solanki, resident of Vankaneda village, Tal. Savli, has registered FIR being CR No. I -110/1999 in the Kalol Police Station, on 23.4.1999 at about 15.30 hours stating therein that his daughter Rameela was married to Arjunsinh Salamsinh Solanki of Khandina Muvada village before 17 years. Thereafter, she was residing at her in -laws place where she stayed about 8 years and thereafter her husband started her beating as he did not like her. There was an illicit relationship with some other girl at the neighbourhood, and he wanted to drive her away from his house and wanted to keep that girl with him, and therefore, he was beating her. Since son -in -law was beating her very much, the complainant took his daughter to his house, and thereafter, filed the maintenance suit against her husband, wherein, the Court had passed an order of maintenance at the rate of Rs. 300/ - per month, and accordingly, he was paying the maintenance. Thereafter, on the basis of promise that he would not give any harassment to his wife, after three years, his daughter was sent with his son -in -law. Since last 7 years, she was staying in her in -laws' place. In spite of the compromise arrived at, against his son -in -law started beating his daughter and continued illicit relationship with the girl of the neighbourhood. Even Rameela often threatened to leave him. Hence, as his son -in -law had not improved, he received a message on the previous day that his son -in -law had beaten his daughter. Therefore, he went with his wife and son to inquire about Rameela. They reached there at about 11 to 12 hours. When they reached there, they found that Rameela was completely burnt and her clothes were also burnt and she was shouting but nobody was there with her. Her husband was also not there. Even neighbours were not there. As Rameela caught fire to save her they took her to the hospital by calling a rickshaw. On the way, when they inquired with her about the incident, she told that her husband has beaten her very badly and therefore she could not bear the same and committed suicide. Therefore, the above mentioned complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him. As the case was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions, which was numbered as Sessions Case No. 248/2000. The trial was initiated against the respondent.

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