STATE OF GUJARAT Vs. JIVA DAYA PANDAVADRA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 21.02.2004 rendered by the learned Additional Sessions Judge, 9th Fast Track Court, Porbandar, in Sessions Case No.83 of 1998. The said case was registered against the present respondent -original accused for the offences punishable under Sections -498A and 306 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, marriage of the complainant's cousin (uncle's daughter) -deceased Labhuben was solemnized before 15 months with the respondent -accused and they were staying at Ranavav. After the marriage, the respondent -accused was giving physical and mental torture to deceased. Therefore, deceased went to her parental home on 04.10.1998 at village Sodhana. On that day, the respondent -accused went her home and took away the golden chain given to her at the time of marriage. There was altercation between the accused and the deceased and respondentaccused also beaten her. Due to mental and physical torture, when deceased -Labhuben was alone at her home, on 05.10.1998, she poured kerosene and burnt herself and she succumbed to the injuries. As a result of which, the complaint was filed by the complainant against the respondent -accused before the Bagvadar Police Station bearing registration No.138 of 1998 for the alleged offence stated above. Then, investigation was carried out and statements of the witnesses were recorded. Inquest Panchanam and panchama of place of offence were carried out. Dead body of the deceased was sent to the hospital for postmortem. Blood samples of the deceased was also taken and death certificate tagged with the papers. Then, respondent -accused was arrested and panchnama of physical condition of the accused was drawn. Then through ravangi note, recovered muddamal was sent to FSL for analysis. On receipt of the report of the FSL, charge -sheet was filed against the respondentaccused before the learned Chief Judicial Magistrate First Class, Porbandar, which was numbered as Criminal Case No.6912 of 1997. As the said offences were exclusively triable by the Sessions Court, learned Chief Judicial Magistrate, Porbandar, committed the said case to the learned Additional Sessions Judge, 9th Fast Track Court, Porbandar, which was numbered as Sessions Case No.83 of 1998.

(3.) ON the basis of above allegations, charge was framed vide Exh.13 and read -over and explained to the accused for the offence punishable under Sections -498A and 306. Then, plea vide Exh.14 was recorded and respondentaccused pleaded not guilty to the charge and claimed to be tried.