STATE OF GUJARAT Vs. DILIPKUMAR JIVANLAL SOLANKI

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 6.8.2004, passed by the learned Principal Judge, City Civil Court, Ahmedabad in Sessions Case No. 96/2003, 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 deceased Sangitaben was wife of accused Dilipkumar. They were residing together since 1992. Accused was harassing the deceased and demanding money, ornaments etc. On account of this harassment, Sangita committed suicide by consuming acid. The incident took place on 7.6.2002 in the house of accused i.e. Thakorvas, Navrangpura, Ahmedabad. It is further the case of the prosecution that the complaint of deceased Sangita Dilipkumar was recorded by PSI Navrangpura on 8.6.2002 at about 2.30pm. She was brought to the hospital by the accused, where she died during the treatment. The complaint was lodged with the concerned police station. The statements of other witnesses were also recorded by police. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against him. The case was then committed to the Court of Sessions, which was numbered as Sessions Case No. 96/2003. The trial was initiated against the respondent.

(3.) TO prove the case against the present accused, the prosecution has examined the following witnesses: