LAWS(GJH)-2015-2-142

STATE OF GUJARAT Vs. CHANDRAKANT CHIMANLAL SHAH

Decided On February 23, 2015
STATE OF GUJARAT Appellant
V/S
Chandrakant Chimanlal Shah Respondents

JUDGEMENT

(1.) HEARD learned Advocates appearing for the respective parties.

(2.) BY way of this Appeal, the Appellant State has felt aggrieved by the judgment and order of acquittal dated 13.12.1999 passed by the learned Additional Sessions Judge, Court No.5, Ahmedabad City in Sessions Case No.36/1996 whereby the accused were acquitted of the offences punishable under Sections 498 -A and 306 of the Indian Penal Code.

(3.) THE brief facts of the case are as under : - The son of the accused Anilkumar had married with daughter of the complainant Ami on 21.02.1994. Thereafter, Ami had started residing at her in -laws place. It is alleged that the accused used to inflict mental and physical torture on Ami. On 04.07.1995, the accused used to quarrel with Ami. Hence, Ami got infuriated and poured kerosene on her body and set herself on fire. It is alleged that both the accused had committed the offences punishable under the above Codes. On the basis of the complaint given by the father of Ami, offences were registered against the accused. After recording the offence against the accused, the report under Section 157 of the Code of Criminal Procedure, 1973 was forwarded to the higher officers of the Police Station. The inquest panchnama was prepared in the presence of panch witnesses. The dead body of Ami was sent to the hospital for post mortem. The statements of witnesses were recorded. On receiving the post mortem notes as well as the muddamal articles which were recovered and sent to the FSL for the purpose of analysis, the accused were charge -sheeted. Both the accused were arrested and were released on bail in pursuance of the order passed in Writ bearing No.3126/1995 by this Court and hence, they are on bail during the trial. The chargesheet was led before the learned Magistrate and the case was committed to the Sessions Court, being Sessions triable case. The accused pleaded not guilty to the charges levelled against them. On completion of the evidence of prosecution, further statement of the accused under Section 313 of the Code of Criminal Procedure were recorded. The prosecution had examined the following witnesses and had relied on several oral and documentary evidences, some of them are as under : -