STATE OF GUJARAT Vs. DIXITGIRI NARESHGIRI GOSAI

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, 6th Fast Track Court(for short, 'the trial Court'), Dated : 09.04.2004, rendered in Sessions Case No. 170 of 2002, whereby, the learned trial Court acquitted the original accused the Respondent, herein, of the charge under Sections 498(A), 306 and 323 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 accused was married with the deceased before about two years of the alleged incident. It is alleged in the complaint that the accused had an affair with someone else and due to that the accused used to harass the deceased mentally and physically due to which, the deceased committed suicide on 24.06.2001 at her parental house at Rajkot. Hence, a complaint came to be lodged against the accused. On registration of the complaint, police carried out investigation and on finding sufficient evidence, charge -sheet was filed against the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) BEFORE the trial Court, the prosecution, in support of its case, examined about eight witnesses.