STATE OF GUJARAT Vs. LAXMANBHAI HIRABHAI DAMOR

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 13.1.2000 rendered by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No.25 of 1998. The said case was registered against the present respondent original accused for the offence under Sections 498 -A, and 306 of the Indian Penal Code.

(2.) THE case of the prosecution is that the daughter of the complainant, Hajurbhai Dhulabhai, was married to the accused seven years prior to the date of the incident. At the time when she was visiting her maternal home, she used to complain that accused is taunting her with regard to cooking of food. Six months before the date of incident, as per the say of the complainant, the accused had beaten his daughter for the same reason and asked her to go to her parental home. Once she was also driven out by the accused, however, she was send back by her parents. On 25.9.1998, one Shana Natha had informed the complainant that his daughter has died by drowning in the pond. Therefore, the complainant went to Vagora village with other persons, where he came to know that his daughter is admitted in hospital at Meghraj. Upon reaching hospital, the complainant found that the blood was coming out from the mouth of his daughter. Therefore a complaint was given against the accused by the complainant.

(3.) AT the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Judge vide impugned Judgment, acquitted the respondent -accused. Being aggrieved by and dissatisfied with the said judgment and order of acquittal dated 13.1.2000 rendered by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No.25 of 1998, the appellant -State has preferred the present appeal before this Court.