STATE OF GUJARAT Vs. JASWANTSINH PANESINH DEVDA

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Fast Track Court, Panchmahal at Godhra(for short, 'the trial Court'), Dated : 14.07.2004, rendered in Sessions Case No. 300 of 2004, whereby, the learned trial Court acquitted the original accused the Respondent, herein, of the charge under Sections 498(A), 306 read with Section 114 of the Indian Penal Code.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that a complaint came to be filed by the complainant on 06.04.2000, who happened to be the uncle of the deceased, wherein, he stated that the deceased was married to original accused No.1 before about one year of the alleged incident, whereas, accused Nos. 2 and 3 -Respondent Nos. 1 and 2, herein, are the parents of accused No.1. It is stated in the complaint that the deceased had no issue out of the said wedlock and she used to reside in a joint family. It is, further, stated in the complaint that today, i.e. on 06.04.2000, in the morning, accused No.2 had come to drop the deceased at her parental house and he then went away. Pursuant thereto, the complainant also went to his shop, where, after some time, his nephew came and informed him that the deceased has sustained burns. When the complainant inquired about the incident from the parents of the deceased, they informed him that the deceased had told them that the accused os. 2 and 3 and her husband, i.e. accused No.1, used to harass her mentally and physically and they had also told the deceased that " If, you cannot bring the things demanded by us, then, do not come to our house", and hence, she set herself ablaze, being moved by the same. Hence, a complaint came to be lodged against the accused Nos. 1 to 3. On registration of the complaint, police carried out investigation and on finding sufficient evidence, filed charge -sheet against the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) BEFORE the trial Court, the prosecution, in support of its case, examined about eight witnesses.