STATE OF GUJARAT Vs. SHIVABHAI SURESHBHAI VASAVA

JUDGEMENT

(1.) This appeal has been filed by the appellant State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Vadodara (hereinafter referred to as "the learned Trial Court") in Sessions Case No. 212 of 2007 on 23/11/2007, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Ss. 306, 498-A and 114 of Indian Penal Code, 1860 (hereafter referred to as "IPC" for short).

(2.) The brief facts that emerge from the record of the case are as under:

(3.) Being aggrieved and dissatisfied with the said judgement and order of acquittal, the appellant - State has filed the present appeal mainly stating that the impugned judgement and order of acquittal passed by the learned Trial Court is contrary to law and evidence on record and the learned Trial Court has not appreciated the entire evidence in proper perspective. The learned trial Court has erred in holding that the prosecution has not proved the case beyond reasonable doubts and has failed to appreciate the evidence of the Medical Officer, who has clearly opined that the deceased has consumed poison and there was mental and physical harassment to the deceased by the accused and the evidence is sufficient to hold the accused guilty for the offence of Sec. 306 of the IPC. The case has been proved beyond reasonable doubts and the prosecution has successfully established the case against the respondents and the judgement and order of acquittal is unwarranted, illegal and without any basis in the eyes of law and the reasons stated while acquitting the respondent are improper, perverse and bad in law. Hence the impugned judgment and order passed by the learned Trial Court deserves to be quashed and set aside.