STATE OF GUJARAT Vs. HITESH RATILAL ZALA

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge, Jamnagar dated 12.02.2004 rendered in Sessions Case No.139 of 1999, whereby the learned Trial Judge acquitted the original accused opponents herein of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that complainant -Mathurbhai Mohanbhai Majithia was residing at Rajkot City with his family and having two sons viz. Yogesh and Alpesh and two daughters viz. Taruna and Alpa. It is further case of the prosecution that the marriage of daughter -Taruna has taken place prior to three years from the date of incident in Samooh Lagna with respondent no.1 -accused and deceased -Taruna and her son in -law were residing separately at Gulabnagar. It is further case of the prosecution that his daughter -Taruna was physically handicapped, and therefore, after a period of six months, the husband of the deceased -Tarunaben was raising dispute on petty matters that she is not doing household work properly as she did not like him. It is further case of the prosecution that as and when she was visiting her parental house, she was informing her parents about ill -treatment and harassment caused by respondents -accused. It is further case of the prosecution that deceasedTaruna was physically and mentally tortured by her mother -in -law and her husband was inspiring her mother. Thus, both the accused were harassing deceased -Taruna on petty matters. Thereafter, deceased -Taruna had left her in law's house and went to the house of her parents and informed her parents about ill -treatment given by the respondents -accused. It is further case of the prosecution that parents of the deceased -Taruna had scolded her husband and requested her to go to the house of her husband so that her life cannot be ruined. Inspite of the fact, the illtreatment was continued and as it was beyond the control of deceased -Taruna, she has committed suicide on 07.08.1999. Therefore, a complaint was lodged being I -C.R.No.90 of 1999 before Panchkoshi "A" Division Police Station.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Additional Sessions Judge, Jamnagar, which was, thereafter, numbered as Sessions Case No.139 of 1999. Since opponents -accused did not plead guilty and claimed to be tried, they were tried for the alleged offences.