PADMABEN PRITISHBHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, who is the original complainant, has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 31.3.2003 rendered by the learned Metropolitan Magistrate, Court No.18, Ahmedabad in Criminal Case No.2272 of 1999. The said case was registered against the present respondents original accused for the offence under Sections 498 -A and 114 of the Indian Penal Code as well as under Section 4 of the Dowry Prohibition Act.

(2.) THE case of the prosecution is that the marriage of respondent no.2 was solemnized with the present appellant on 25.5.1995 and initially for one month they were happy. However the mother in law of the appellant was harassing her and giving mental torture and demanding dowry and for that purpose, on several occasions she was assaulted for non -fulfillment of the requirement of mother in law. She was also driven out from the house of respondent no.2 several time. However the appellant has no alternative except to filing the complaint against the mother in law, father in law, brother in law for the illegal demand of Rs.50,000/ - for constructing shop in residential premises.

(3.) THEREAFTER , charge came to be framed and explained to the accused persons, to which the accused persons pleaded not guilty and claimed to be tried. In order to bring home the charges against the accused persons, several witnesses were examined by the prosecution. Complaint was also produced in support of the prosecution case. The accused persons have denied the case of the prosecution and submitted that a false case is filed against them.