STATE OF GUJARAT Vs. PARVATBHAI CHHALABHAI BAMNIYA

JUDGEMENT

(1.) HEARD learned Advocates for the respective parties.

(2.) BY way of this Appeal, the Appellant State has felt aggrieved by the judgment and order of acquittal dated 07.05.2004 of the learned Additional Sessions Judge, 2nd Fast Track Court, Godhra, District Panchmahal in Sessions Case No.387/2003 whereby the respondent herein was acquitted of the offences punishable under Sections 498 -A and 306 of the Indian Penal Code.

(3.) THE case in brief is as under : - The complaint was filed by one Jawrabhai Galabhai, resident of Santrampur. Valiben (the deceased) was the youngest of his five sisters and she was married to the respondent herein Parvatbhai for nearly 10 years prior to the date of incident. Out of the wedlock, they had three children a boy and two girls. Parvatbhai was employed with the BSF. However, since the last one and half years prior to the incident, he had stopped going to service and returned home. It is the case of the prosecution that the respondent used to harass his wife physically and mentally. It is alleged that the respondent used to tell his wife to get money from her parental home for bringing essential items and then used to physically torture her. It is the case that the food grains etc. were being supplied in such a case to the matrimonial home of the deceased and she was also sent back there. Again Vali has narrated her woes in her parental home. The complainant stated that he was informed by the police that Valiben had committed suicide by hanging herself. On the basis of the above, a complaint was filed by the complainant. The chargesheet was filed. Thereafter, charge was framed against the respondent accused under the above Sections. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution, therefore, led evidence and at the end of the trial, the learned Additional Sessions Judge, 2nd Fast Track Court, Godhra, District Panchmahal acquitted the accused of the offences charged against him. Hence, this Appeal.