STATE OF GUJARAT Vs. GIRISHBHAI C. JADAV

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of dated 9.3.1994 passed by the learned Additional Sessions Judge, Nadiad in Sessions Case No. 239 of 1992 acquitting the respondent of the charges for offences punishable under Sections 306 and 304 -B of IPC as well as Section 3 of the Dowry Prohibition Act. It is needless to mention here that the respondent is convicted for the offences punishable under Section 498 -A of IPC and Section 4 of the Dowry Prohibition Act, however, no enhancement appeal is preferred by the State against conviction of the accused.

(2.) THE facts in brief giving rise to the filing of present appeal are as under:

(3.) MR . L.R. Pujari, learned APP appearing for the State has taken us through the evidence and contended that the trial Court has committed an error in acquitting the accused inspite of voluminous evidence against him and contended that the trial Court ought not to have acquitted the accused. He submitted that the prosecution has successfully proved its case through the evidence of witnesses. He submitted that it is proved that the victim was subjected to physical and mental torture by the accused and she was compelled to commit suicide. He submitted that within a period of one year from her marriage, the deceased committed suicide, therefore, presumption would have been drawn against the accused. He submitted that the parents of the deceased and her brother have supported the case of the prosecution and the trial Court has committed an error in not believing their evidence. He also submitted that even the prosecution witnesses have supported the case of the prosecution and there was no reason to disbelieve their version. He, therefore, prays that this appeal may be allowed by setting aside the impugned judgment.