LAWS(GJH)-2015-1-73

THE STATE OF GUJARAT Vs. NATWARBHAI BHUDABHAI BARIYA

Decided On January 29, 2015
The State of Gujarat Appellant
V/S
Natwarbhai Bhudabhai Bariya Respondents

JUDGEMENT

(1.) BY way of this appeal, the appellant - State has challenged the judgment and order of the learned Sessions Judge, Kheda at Nadiad, Dated: 21.05.2004, rendered in Sessions Case No. 265 of 2003, whereby, the learned trial Court acquitted the original accused - the Respondent, herein, of the charges under Sections 498(A) and Section 306 of the Indian Penal Code.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the deceased -Sangitaben, who was the daughter of the younger brother of the complainant, was married to the accused before three years of the alleged offence. Out of the said wedlock, the deceased also gave birth to a female child, namely Rinku. It is stated in the complaint that the accused used to beat the deceased frequently over the issue of household work and thereby used to cause mental and physical harassment to her. It is, further, stated in the complaint that the deceased used to complaint to her parents that the accused used to say that he did not like her and that he does not want to stay with her and that he wanted to marry someone else. It is also stated in the complaint that the accused had relationship with one Manjula and on account of that the deceased used to go to her parents complaining about the same, frequently. It appears that just before two months of the alleged offence, being fade -up with the extra -marital affair of the accused and his beating, the deceased went to her parent's house. On 17.08.2003, the complainant got a telephone call from his uncle that the deceased was in pain and when the complainant along with his wife reached Rojva, i.e. the maternal house of the deceased, he was informed by his daughter Kokilaben, who has been married to the brother of the accused, that the deceased had consumed poison on account of the harassment on the part of the accused. Hence, the complainant lodged the complaint in question. On registration of the offence, police carried out the investigation and on finding sufficient evidence, a charge -sheet was filed against the accused.

(3.) APART from that the prosecution also produced as many as 15 documents to strengthen its case, viz. the complaint, P.M. note, panchnama of place of offence etc.