STATE OF GUJARAT Vs. VALLABHBHAI LAKHABHAI GEVARIYA

JUDGEMENT

(1.) THE present appeal,under section 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 26.7.2000, passed by the learned Chief Judicial Magistrate, Amreli in Criminal Case No. 1007/1997, whereby, the learned trial Judge acquitted the original accused the respondents herein, of the charges for the offence punishable under Section 498(A), 354, 323, 504, 506(2) and 114 of IPC.

(2.) THE brief facts of the prosecution case are that the complainant -Anjanaben is the wife of Vinodbhai Govindbhai and marriage was solemnized in the year 1982. Out of the said wed lock they have two sons Bhavesh and Hitesh. It is the case of prosecution that on the occasion of a religious function "Aanu" of the sister -in -law of the complainant, money was demanded from the complainant which she could not manage from her parents and brother. It is also the case of prosecution that she had also filed a case in the Amreli Court against her mother -in -law, husband and sister -in -law. As she wanted to see her son she had gone to Amreli on 29.4.1997 and met P.S.I Jadeje, who is In -charge of Nari Suraksha. It is also the case of prosecution that she went to the house of her father -in -law and slept in the room after looking it from inside. That at 11.00 p.m. the accused tried to enter the room but she did not open it. It is also the case of prosecution that in the early morning the accused entered the room through the roof and beat her up. Thereafter, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them. The case was committed to the Court of learned Chief Judicial Magistrate, Amreli and numbered as Criminal Case No. 1007/1997. The trial was initiated against the respondents.

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