STATE OF GUJARAT Vs. JAYANTILAL DHARAMSHI MISTRI

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 16.2.1999 rendered by learned Additional Sessions Judge, Kheda camp at Anand in Sessions Case No.233 of 1992. 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 complainant, Shanabhai Jethabhai is residing at Anand. Marriage of his sister Niruben had taken place with Jayantibhai Mistry, who is resident of Kutch. After marriage, Niruben was residing with her husband in a separate house and she was not residing with her in -laws. It is also the case of the prosecution that the deceased was used to complain about beating by the accused whenever she was visiting her parental home. On 27.11.1991 when the complainant was at his residence, wife of his brother had come and informed that Niruben has died. Therefore, the complainant went to the house of Niruben and after inquiring from her neighbours lodged a complaint before police.

(3.) MS .Monali Bhatt, learned APP appearing for the State has submitted that the order of acquittal is against law and evidence on record. She submitted that the learned Judge has erred in not appreciating the deposition of the witnesses. Ms.Bhatt has taken this Court through the evidence on record and has submitted that there was discord in the family life of the accused and the deceased. She also submitted that there was physical harassment to the deceased, which is borne out and proved by the evidence of the witnesses. She also submitted that there were previous incidents also which goes to show that the deceased was harassed by the accused physically as well as mentally.