STATE OF GUJARAT Vs. ASHOKBHAI GOVINDBHAI GOHEL

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 31.5.2004 passed by the learned Presiding Officer, Fast Track Court, Kheda at Nadia in Sessions Case No. 105/2003, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 498 -A and 306 of IPC.

(2.) THE brief facts of the prosecution case are that the sister of complainant Baldevji Becharji Rathod, has been married with respondent accused before two years from the date of incident and thereafter she was subjected to cruelty on petty matters with regard to household work. It is further the case of the prosecution that when she has visited her parental house on Diwali festival, at that time, she has informed complainant that she is subjected to cruelty by the respondent -accused and she has been threatened to kill. It is further the case of the prosecution that she was also mentally tortured by the respondent by saying that "she is having loose character." Therefore, complainant and other relatives had gone to the house of respondent -accused and gave advise not to harass her. It is further case of the prosecution that one uncle of accused named Amarsinh had given assurance that respondent will not harass her, and thereafter, she was sent ot her in -law's house. Thereafter, on 31.8.2002, the complainant had received a telephonic message that her sister is sick, and therefore, complainant had gone to the house of respondent accused and seen that her sister was dead. Therefore, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against him in the court of learned Judicial Magistrate First Class, Nadiad. As the case was exclusively triable by the Court of Sessions, the same was committed to the Court of Sessions, which was numbered as Sessions Case No. 105/2003. The trial was initiated against the respondent.

(3.) TO prove the case against the present accused, the prosecution has examined the following witnesses: <FRM>JUDGEMENT_164_LAWS(GJH)3_2015.htm</FRM>