STATE OF GUJARAT Vs. ARJUNSINH @ KALO BHAGWANSINGH PADHIYAR

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378 Cr. P.C., against the Judgment and order dated 16.2.2005 rendered by the learned Additional Sessions Judge, Fast Track Court No.5, Vadodara, in Sessions Case No.241 of 2004. The said case was registered against the present respondent original accused for the offence under Sections 498A and 306 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, Kokilaben aged 22 married to accused Arjunsinh @ Kalo Bhagwansinh Padhiya three years prior the incident in question. She gave birth to a male child, who is aged about one and half year at the time of incident. After the marriage the couple were staying separately. On several occasions deceased Kokilaben were telling the complainant i.e. her brother Sureshbhai and mother Ambaben that her husband were torturing her physically and mentally. After about six months of her delivery deceased Kokilaben was sent to her husband. On getting call that deceased Kokilaben is again tortured mentally and physically by her husband, complainant's elder brother brought back her to his house and she stayed with them for about eight months. After seven to eight months her husband accused came to call her back to his house and on 8.4.2004 at about 9:30 hours they received telephone at the residence of Kamleshbhai Patel that Kokilaben is seriously ill and was admitted to Sayaji Hospital for treatment. On hearing the news the complainant alongwith his elder brother Shambhu and uncle Thakorebhai immediately went to Sayaji Hospital, Vadodara but as they could not trace out Kokilaben in the Hospital, they telephoned at Tibipura and they were informed that Kokilaben has expired. They immediately went to Tibipura about 2 to 2:30 hours and saw that Kokilaben was lying in the cot at residence. As they were suspecting that deceased Kokilaben might have taken some poison due to frequent mental and physical torture meted out to her in the past, they filed complaint with Padra Police Station.

(3.) THEREAFTER , investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against him in the Court of learned Magistrate. As the case was sessions triable the same was committed to the Court of Sessions.