STATE OF GUJARAT Vs. AFAK GULAMNABI SHAIKH

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 6.2.1999 passed by the learned Addl. Sessions Judge, Vadodara in Sessions Case No. 60/1998, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Section 498 -A, 306 and 114 of IPC.

(2.) THE brief facts of the prosecution case are that the deceased Kureshabanu was the real sister of complainant. Accused no. 1 had committed rape on deceased, and therefore, he was convicted and sentenced to undergo R/I for seven years. When accused no. 1 was released on parole, he and accused no. 4 along with other relative, convinced the complainant and got married with deceased Kureshabanu. After some time, accused no. 1 had started giving mental and physical torture and accused no. 1 also demanded Rs. 15,000/ - to purchase computer. Thereafter, on 10.5.1996, accused no. 1 came to the house of mother of deceased Kureshabanu and informed her the deceased had sustained burns injuries and when mother of deceased reached there, she found that deceased had died. Since the police had refused to accept the complaint, the complainant had filed the complaint in the Court of Learned Judicial Magistrate First class, Vadodara under section 156(3) of CrPC, and thereafter, necessary investigation, was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against them in the Court of learned Judicial Magistrate First Class, Vadodara. 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. 60/1998. The trial was initiated against the respondents.

(3.) TO prove the case against the present accused, the prosecution has examined 9 witnesses and also produced documentary evidence.