STATE OF GUJARAT Vs. BHARATBHAI BHANABHAI WAGHMARIYA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 14.10.2004 rendered by the learned Assistant Sessions Judge, Navsari, in Sessions Case No.33 of 2004.

(2.) ACCORDING to the prosecution case, one Ramuben Jivanbhai Ishwarbhai Kodiya, resident of Vansada, Mahuvas, disclosed before the Police Sub -Inspector, Vansada that she was living with her family at the said place. Her daughter Radha, who was 26 years old and studied at Mahuvas Primary School upto 7th standard. After leaving the school, before five years, she was working as a labourer in the truck of Shantilal Shah. One Bharatbhai respondent -accused herein was driver of the said truck. Due to development of love affairs between Radha and respondent -accused, the respondent -accused stayed with Radha as husband stating that he was bachelor. Both Radha and respondent -accused were in relation as husband and wife and out of the said relation, they blessed with two sons viz. Divyesh aged about 3 years and Bhavesh aged about 11 years. Before one year, one lady came there and quarreled with Radha. At that time, it was came in the knowledge of Radha that the respondentaccused was married person, but respondent -accused denied the said fact to Radha and complainant. After this incident, the respondent -accused used to come there once in two to three months and quarreled with Radha and was giving mental and physical harassment to her. On 29.05.2004, the respondent -accused came there and stayed at night and at round about 11:30 hours, quarrel took place between Radha and the respondent -accused and at round about 3:00 hours, the respondent -accused beaten Radha and after some time, Radha started shouting and poured kerosene and set ablaze her and respondent -accused ran away. On 30.05.2004, Radha succumbed to the injuries. On being asked by the complainant to Radha, she told that the respondentaccused was a married person and even though he was keeping relation with her and also giving physical and mental torture to her and due to this, she committed suicide. As a result of which, the complaint was filed by the complainant before the Vansada Police Station, which was registered as I -C.R.No.38 of 2004. Then, investigation was carried out and statements of the witnesses were recorded. Inquest panchnama and panchnama of place offence were drawn. Dead body of the deceased sent for the postmortem and muddmal were recovered by the Investigating Officer. Then, PM note was prepared and charge -sheet was filed against the respondent -accused for the offence punishable under Sections -498A and 306 of the IPC before the learned Judicial Magistrate First Class, Vansada, which was registered as Criminal Case No.504 of 2004. As the said offences were exclusively triable by the Sessions Court, learned Judicial Magistrate First Class, Vansada, committed the said case to the Court of learned Assistant Sessions Judge, Navsari, which was thereafter numbered as Sessions Case No.33 of 2004

(3.) ON the basis of above allegations, charge was framed vide Exh.3 and read -over and explained to the accused for the offence punishable under Sections -498A and 306 of the Indian Penal Code. Then, plea was recorded vide Exh.4 and respondent -accused pleaded not guilty to the charge and claimed to be tried.