STATE OF GUJARAT Vs. BHAYA BABU GAMI

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor for the appellant State Ms. Monali H. Bhatt and learned Advocate for the respondents Mr. A.J. Shastri.

(2.) BY way of this Appeal, the Appellant State has felt aggrieved by the judgment and order of acquittal dated 23.12.2003 of the learned Additional Sessions Judge, 9th Fast Track Court, Porbandar in Sessions Case No.4/2002 whereby the respondents herein were acquitted of the offences punishable under Sections 498 -A, 306 and 114 of the Indian Penal Code.

(3.) THE case in brief and the incident which occurred on 05.06.2001 are as under : - The case of the complainant the deceased Tanuben had married with the accused No.1, about 3 years prior to the incident. The accused No.2 and 3 are the father -in -law and mother -in -law of the deceased respectively. After the marriage, the deceased started living with her in -laws in a joint family. After some time, it is alleged that the deceased was being beaten up on trivial issues. He was also using abusive words towards her. The accused No.2 used to consume liquor and taunt the deceased and thereby used to physically and mentally harass the deceased. The accused No.3 (the mother -in -law of the deceased) used to support the accused No.1 and 2 and it is alleged that she also used to taunt the deceased and give foul abuses. It is also alleged that the accused No.3 used to tell the deceased to leave the house, if she felt offended. Fed up with this constant torture, on the ill -fated day at about 11.00 hours in the night, the deceased poured kerosene on herself and set herself on fire. Thereafter, the deceased was taken to Ranavav Civil Hospital, whereby the Deputy Superintendent of Police recorded the statement / complaint / dying declaration of the deceased. On these fact, the complaint was filed and the Police after completion of the due investigation, the accused were chargesheeted the accused for the aforesaid offence. Hence, this Appeal.