STATE OF GUJARAT Vs. PRAVINBHAI KANJIBHAI ASARI

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 10.4.2003 rendered by the learned Additional Sessions Judge, Fast Track Court, Sabarkantha at Himmatnagar in Sessions Case No.96 of 2002. The said case was registered against the present respondents original accused for the offence under Sections 498 -A, 306, 323 and 114 of the Indian Penal Code and also under Sections 3 and 4 of Prevention of Dowry Act.

(2.) THE case of the prosecution is that the complainant Laxmanbhai Hirabhai Damor is residing at Indrapura. His deceased daughter Sangita was married to the accused no.1 Pravinbhai Kanjibhai Asari of village Patiyakuva three years prior to the incident. After her marriage, she often used to come to her parental house. In the beginning, about eight or ten months, her married life was peaceful. Thereafter her husband -the accused no.1 started demanding money for the purpose of buying Buffalo. Thereafter the accused demanded money for construction of a bore well. It is further the case of prosecution that the deceased came to her parental house thrice on account of ill -treatment at her matrimonial house. However, her parents persuaded her to go to her matrimonial house by promising to give money as and when the funds would be available. The further prosecution case is that Sangita -the deceased was sent to her matrimonial house along with her sister Manisha. Manisha stayed over there for two days. In the evening, the accused no.1 asked Sangita to prepare food (Shiro). However, there was no ghee or jaggery in the house. As she informed about the same to her husband, he started beating her. The further prosecution case is that Sangita committed suicide by jumping into the well. The incident was reported to the police by the accused no.1 Pravinbhai. Thereafter, the complainant filed the complaint with the Deputy Superintendent of Police, Idar.

(3.) BEING aggrieved by and dissatisfied with the said judgment and order of acquittal dated 10.4.2003 rendered by the learned Additional Sessions Judge, Fast Track Court, Sabarkantha at Himmatnagar in Sessions Case No.96 of 2002, the appellant -State has preferred the present appeal before this Court.