STATE OF GUJARAT Vs. BAVAJI HASMUKHGIRI ISHWARGIRI GOSWAMI

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 13.4.2004 passed by the learned Addl. Sessions Judge, Fast Track Court, Surendranagar, in Sessions Case No. 8/2002, whereby, the learned trial Judge acquitted the original accused - the respondent herein, of the charges for the offence punishable under Section 323, 498 -A and 306 of IPC.

(2.) THE brief facts of the prosecution case are that the deceased Bhavnaben was married to the accused about one year prior to the incident. After her marriage, they stayed at village Tarnetar. During her married life, the accused doubted her character and she was subjected to mental and physical cruelty on that count. That even on the previous night, she was beaten up by the accused doubting her character and therefore, with no other alternative, she committed suicide by pouring kerosene on herself and setting herself on fire on 16.5.2001. Thereafter, she was taken to Civil Hospital, where she died during treatment. 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 in the Court of learned Judicial Magistrate First Class, Chotila. As the case was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions, which was numbered as Sessions Case No. 8/2002. The trial was initiated against the respondent.

(3.) AT the end of trial, after recording the statement of the accused under section 313 of Cr.P.C., and hearing arguments on behalf of prosecution and the defence, the learned trial Judge acquitted the respondent of all the charges leveled against him by judgment and order dated 13.4.2004.