LAWS(GJH)-2015-3-338

STATE OF GUJARAT Vs. NANABHAI MULJIBHAI BARIYA

Decided On March 12, 2015
STATE OF GUJARAT Appellant
V/S
Nanabhai Muljibhai Bariya Respondents

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Vadodara(for short, 'the trial Court'), Dated : 04.01.1996, rendered in Sessions Case No. 19 of 1994, whereby, the learned trial Court acquitted the original accused Nos. 1 to 3 the Respondents, herein, of the charge under Sections 498(A), 306 and 114 of the Indian Penal Code.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the complainant, who happened to be the father of the deceased Vina, lodged a complaint before the police, wherein, he stated that the deceased was married with the accused No.2 before about two years of the alleged incident. It is stated in the complaint that accused No.1 happened to be the father of accused No.2 and accused No.3 happened to be a cousin of accused No.2. It is stated in the complaint by the complainant that after the marriage, whenever the deceased used to complaint that the accused were harassing her. It is alleged in the complaint that the accused wanted to purchase some land and with a view to see that they do not have to incur expenses towards 'Shrimant' (Baby shower) ceremony and delivery of the deceased, they used to take resort to quackery methods. It is, further, alleged in the complaint that on account of the aforesaid, the deceased had to be admitted in the hospital and she had to abort her pregnancy and due to that the deceased was aggrieved with the accused Nos. 1 and 2. It is, then, stated in the complaint that on 27.06.1992, the complainant came to know that the deceased has consumed poison and on reaching her matrimonial home, he found the deceased dead.

(3.) BEFORE the trial Court, the prosecution, in support of its case, examined about eight witnesses.