STATE OF GUJARAT Vs. RAJUBHAI BHIMJIBHAI VAGHELA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 28.4.2004 passed by the learned Addl. Sessions Judge, Rajkot in Sessions Case No. 153/2003, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 498 -A and 306 of IPC.

(2.) THE brief facts of the prosecution case are that the daughter of the complainant Jasuben was married with respondent accused and after her marriage she was residing with respondent. It is further the case of the prosecution that respondent was habituated for consuming liquor and he was beating the deceased Jasuben and she was subjected to cruelty by the accused and left her in -law's house and went to her parental house. That after a period of two months, she was sent to her in -law's house where she has committed suicide by pouring kerosene. Therefore, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him. As the case was exclusively triable by the Court of Sessions, the same was committed to the Court of Sessions, which was numbered as Sessions Case No. 153/2003. The trial was initiated against the respondent.

(3.) TO prove the case against the present accused, the prosecution has examined 10 witnesses and also produced 8 documentary evidence.