STATE OF GUJARAT Vs. AAMAD OSMAN

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 19.5.2004 rendered by the learned Sessions Judge, Fast Track Court No.2 of Jamnagar in Sessions Case No.117 of 2001. The said case was registered against the present respondents original accused for the offence under Sections 498 -A, and 306 of the Indian Penal Code.

(2.) THE case of the prosecution was that on 20.3.2001, the respondents have abused and inflicted mental and physical torture on the complainant wife, which she could not bear and, therefore, she committed suicide by burning herself. The unfortunate incident had occurred on 20.3.2001 and thereafter the complainant Banuben was admitted into the hospital and she was treated in the hospital and thereafter she succumbed to the injuries on 28.3.2001. It is the case of the prosecution that there was an engagement of complainant's brother on that day and her husband, i.e. respondent no.1 abused her, beaten her and thereafter respondent no.2 also abused her and did not allow her to attend the engagement of her brother. As she felt very bad, she poured kerosene on herself and suffered burn injuries on chest, both hands and legs. Therefore, a complaint was registered in which she said that after expiry of her father -in -law, her husband used to ill -treat her and abuse and used to say that he does not like complainant and she should go to her father's place. It is also stated in the complaint that before seven years, she was also subjected to physical torture and she has to return to her father's place and for three years, she resided at her father's place.

(3.) THEREAFTER , investigation was carried out and charge sheet came to be filed against the accused persons in the Court of learned Magistrate. As the case was sessions triable the same was committed to the Court of Sessions. Thereafter, charge came to be framed and explained to the accused persons, to which the accused persons pleaded not guilty and claimed to be tried.