STATE OF GUJARAT Vs. ASHWINKUMAR RATANSING PALAS

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor Ms. C.M. Shah for the appellant - State and learned Advocate Mr. L.R. Pathan for the respondent.

(2.) BY way of this Appeal, the Appellant - State has felt aggrieved by the judgment and order of acquittal dated 14.12.2006 of the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Dahod in Sessions Case No. 254/2004 (Old Sessions Case No. 352/2003) whereby the respondent herein was acquitted of the offences punishable under Sections 498(A) and 302 of the Indian Penal Code.

(3.) LEARNED Additional Public Prosecutor Ms. C.M. Shah has submitted that the learned Judge has failed to appreciate that deceased Anila was being meted out physical and mental harassment by the accused. It is further submitted that the learned Judge ought to have appreciated the evidence of PW 2 - Dr. Ashok Vijaykumar Pawar who conducted the post mortem of deceased Anila wherein it was stated that the death could have occurred due to strangulation. In such facts and circumstances of the case, when death of the deceased took place within a short span of married life, at the place of the accused and when no proper explanation for the cause of such a unnatural death came forward from the accused, the learned Judge ought to have appreciated the provision contained in Section 113(a) of the Evidence Act and 498 -A of the Indian Penal Code. Considering the above, it is submitted that this is a fit case which requires interference of this Court and the judgment and order of the learned Judge be upturned.