STATE OF GUJARAT Vs. JIVANBHAI BHIKHABHAI KOLI PATEL

JUDGEMENT

(1.) THIS appeal is filed by the State under Section 378 of the Code of Criminal Procedure, 1973 against the judgement of acquittal dated 14.06.1994 rendered by learned Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 110 of 1992 whereby the respondent -accused were acquitted for the offences punishable under Section 498A, 306, 304B and 114 of IPC.

(2.) THE prosecution case in the nutshell is that marriage of the daughter of the complainant was solemnized with accused No.1 before nine months from the date of the incident. Accused No.1 is the husband of the deceased Jasuben. Accused No. 2 and 3 are the father in law and mother in law of the deceased. It is alleged by the complainant that after the marriage, all the accused were giving mental torture and illtreatment to his daughter Jasuben on the ground that she has not brought sufficient ornaments at the time of marriage. Because of this mental torture given by the accused, Jasuben has committed suicide and therefore, the accused have committed the offence punishable under Sections 498A, 306, 304B and 114 of IPC. After the registration of the FIR, the Investigating Officer has carried out the investigation and filed the charge sheet against all the three accused. The case was, thereafter, committed to the learned Sessions Court.

(3.) DURING the course of the trial, charge Exh 8 was framed against the accused. The prosecution examined 07 witnesses and produced documentary evidence on record. PW 1 Nagar Popatbhai Exh 20 was the first informant who lodged FIR against the accused. The said witness stated in his deposition that marriage of his daughter Jasuben was solemnized with accused No.1 before eight months from the date of the incident. When his daughter was visiting place of the said witness, she was complaining about the ill -treatment given by her inlaws.