STATE OF GUJARAT Vs. MANSUKHBHAI JIVANLAL BHATT

JUDGEMENT

(1.) The present Appeal is directed against the judgment and order rendered in Sessions Case No. 129 of 1997 by the learned Additional Sessions Judge, Junagadh dated 26.8.2002 recording acquittal of the Respondent - Accused persons for the offence under Sections 498A, 306 read with Section 114 of the Indian Penal Code.

(2.) It is the case of the prosecution that the deceased, daughter of the complainant was married to Respondent No.2-husband before two years of the incident and was residing at Veraval as they were both serving there in a school. There was some harassment over a domestic work and during the weekends when they visit the matrimonial house at Junagadh, where the father-in-law and sisterin-law were residing, the harassment was caused to her. Therefore on 12.4.1997 when they visited the matrimonial house at Junagadh, the Respondents - Accused persons are stated to have abused stating that why she has come. Thereafter the husband had also joined in the harassment, which led her to commit suicide and therefore she poured kerosene and set her ablaze. She was taken to the Civil Hospital at Junagadh and on the basis of the complaint, the FIR being II-CR No. 3038/1997 was registered with Junagadh Taluka Police Station for the alleged offence under Sections 498A and 114 IPC and thereafter on the basis of the report, the offence under Section 306 IPC was added.

(3.) After the investigation was over, the charge sheet was filed, and as the offence under Section 306 IPC is triable by the court of Sessions, the case was committed to the court of Sessions.