STATE OF GUJARAT Vs. PRAVIN CHANABHAI SOLANKI

JUDGEMENT

(1.) The State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 5.6.2004 rendered by learned Additional Sessions Judge, 8th Fast Track Court, Rajkot in Sessions Case No.107 of 2001. The said case was registered against the present respondent original accused for the offence under Sections 498-A and 306 of the Indian Penal Code.

(2.) The case of the prosecution is that the deceased had married with the accused on 17.7.1998 and they were residing at Bedi Village. In the beginning their relations were good, however, after some time the accused started to harass the deceased mentally and physically. It is the case of the prosecution that the accused was having illicit relation with one Sonu @ Sonal, who was residing in their neighbourhood. Upon coming to know about illicit relations of the accused, the deceased went to her parental home, however, the accused brought her back after some time. Thereafter, the accused continued to have illicit relation with said lady and he also continued to give mental and physical harassment to the deceased. Therefore, on 23.5.2001 at 17.45 the deceased committed suicide by throwing herself before a train, viz. Somnath Mail. Therefore, an offence was registered by railway police and sent for investigation to Rajkot Taluka Police Station.

(3.) Mr.J.K.Shah, learned APP appearing for the State has submitted that the order of acquittal is against law and evidence on record. He submitted that the learned Judge has erred in not appreciating the deposition of the witnesses. He submitted that learned trial Judge ought to have believed the evidence of PW-4, Gangaben Kalabhai, who is the mother of the deceased. She has stated about the physical and mental cruelty given to the deceased by the accused. He also submitted that learned trial Judge ought not to have given importance to minor contradictions and omissions, which resulted into miscarriage of justice. He submitted that the learned trial Judge has committed an error in accepting the theory of accidental death on the basis of statement of the driver of the train and guard. He submitted that since the accused was having illicit relations with one Sonalben, he was harassing the deceased and that is the reasons why she has committed suicide. He also submitted that the learned Judge has erred in not properly construing and interpreting the evidence adduced by the prosecution and has erred in acquitting the accused. She, therefore, submitted that this appeal may be allowed and the impugned judgment may be reversed.