STATE OF GUJARAT Vs. ASHIFBHAI NIZAMBHAI MULTANI

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge, Fast Track Court, Dhrangadhra, dated 07.10.2003 rendered in Sessions Case No.41 of 2001, whereby the learned Trial Judge acquitted the original accused the opponent herein of the charges for the offence punishable under Sections 498(A), 306 and 114 of the Indian Penal Code (for short "IPC").

(2.) THE brief facts of the case of the prosecution, as set out before the learned Trial Court, read as under: 2.1 A complaint was lodged by the complainant being I -C.R.No.102 of 2001 registered with Dhrangadhra Taluka Police Station, wherein the daughter of the complainant viz. Kulsumben was married to accused -Ashifbhai six months prior to the incident. During the period of marriage, the accused and his mother used to harass the deceased on account of insufficient dowry. Further, the accused compelled the deceased to bring Rs.40,000/ - from her parents as the accused was in need of money for purchasing a rickshaw (chhagdo). Therefore, because of causing mental and physical harassment to the deceased, the deceased committed suicide on 11.07.2001 by consuming poison.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court, Dhrangadhra. As the case was exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class, Dhrangadhra under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of Additional Sessions Judge, Fast Track Court, Dhangdhra, which was, thereafter, numbered as Sessions Case No.41 of 2001. Since the opponent did not plead guilty and claimed to be tried, he was tried for the alleged offences.