STATE OF GUJARAT Vs. BABUSINH DUNGARSINH CHAUHAN

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Ahmedabad City, Dated : 21.07.1999, rendered in Sessions Case No. 432 of 1995, whereby, the learned trial Court acquitted the original accused the Respondent Nos. 1 to 3, herein, of the charges under Section 498(A) and Section 306 of the Indian Penal Code.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original complainant gave a complaint on 11.08.1995, wherein, she stated that she originally belongs to Rajasthan and her husband is serving in SRP. It is, further, stated in the complaint that the complainant has four daughters and out of them, Bhavna @ Sushila was the eldest, who was married to original accused No.1 -Respondent No.1, herein, in the year 1987, whereas, accused Nos. 2 and 3 -Respondent Nos.2 and 3, herein, are the parents of accused No.1. The complainant stated in the complaint that, initially, i.e. for about two years after the marriage of Bhavna with accused No.1, they used to treat her well. However, after two years, they started her harassing mentally and physically over the issue of dowry. It is alleged that accused No.1 used to consume alcohol. The complainant has stated in the complaint that on 16.03.1995, she received a letter from her husband, and hence, she came to Ahmedabad on 17.03.1995, where, she met her daughter Bhavna, who was admitted in the hospital, since, she had sustained burn injuries. The complainant was informed by her daughter that on account of the harassment on the part of accused Nos. 1 to 3, she was compelled to commit suicide by setting herself ablaze. It is stated in the complaint that on the date of the alleged incident, i.e. on 13.03.1995, accused No.1 came home at about 10:00 p.m. after consuming alcohol and hurled abuses at Bhavna, and therefore, she tried to set herself ablaze. Then, Bhavna expired on 18.03.1995. Hence, the complainant lodged the complaint in question. On registration of the offence, police carried out the investigation and on finding sufficient evidence against the accused, filed a charge -sheet against them. At the time of trial, the accused did not plead guilty and claimed to be tried. Hence, the case was committed for trial.

(3.) AT the time of trial, the prosecution, in support of its case, examined 10 witnesses.