STATE OF GUJARAT Vs. SALIM SHABBIRBHAI KURESHI

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge, Ahmedabad dated 27.03.2001 rendered in Sessions Case No.298 of 1998, whereby the learned Trial Judge acquitted the original accused opponents herein of the charges for the offences punishable under Sections 498(A) and 306 of the Indian Penal Code (for short "IPC").

(2.) THE brief facts of the prosecution case are that the marriage of the daughter of complainant - Sahenaz took place with Salim Shabbirbhai Kureshi about four months prior to May, 1997. Accused no.2 is the father -in -law and accused no.3 is the mother -in -law of deceased -Sahenaz. After the marriage, she came to her father's house within 15 day and complained that she is being harassed by the accused as she has come without any dowry in the form of Colour T.V. or at least 2 -3 Tolas Gold. However, she was sent back by giving assurance. Thereafter, five days prior 29.05.1997, deceased -Shahenza came to her father's house and informed her parents that her father -in -law and mother -in -law and husband are often harassing her mentally and physically on account inadequate dowry in the form of T.V. and Gold. The complainant consoled her that as and when their financial position would be improved the same shall be given. It is further case of the prosecution that again, on 29.05.1997, Sehenaz come to her father's house but the complainant was not there as he had told in the presence of one Bilkyashben and Chandbibi that either she would run away or commit suicide. Ultimately, on 29.05.1997, she committed suicide by taking poisonous drugs. On aforesaid these facts, the complaint being I -C.R.No.138/1997 was filed with the Police Station against the accused for the aforesaid alleged offences.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Additional Sessions Judge, Ahmedabad which was, thereafter, numbered as Sessions Case No.298 of 1998. Since the opponents -accused did not plead guilty and claimed to be tried, they were tried for the alleged offences.