STATE OF GUJARAT Vs. ARJANBHAI PREMJIBHAI

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order dtd. 21/9/2007 in Sessions Case No.23 of 2005 passed by the learned Additional Sessions Judge, Dhangadhra (hereinafter referred to as 'the learned Trial Court'), whereby, the learned Trial Court has acquitted the respondents - accused from the offences punishable under Ss. 498(A), 306 and 114 of the Indian Penal Code (hereinafter referred to as 'the IPC'). The respondents are hereinafter referred to as 'the accused' as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

(2.) The relevant facts leading to filing of the present appeal are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Trial Court, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order passed by the learned Trial Court is contrary to law and evidence on record and the learned Trial Court has erred in holding that the prosecution has failed to establish the case beyond the reasonable doubts. The learned Trial Court has erred in evaluating the evidence on record of the case and without appreciating the evidence in its real perspective, has acquitted the accused. The learned Trial Court has erred in appreciating the evidence of the complainant and other witnesses produced in the present case as the evidence gets corroboration from each other. The learned Trial Court has, without giving any specific reason, not discussed the evidence of the witnesses in the impugned judgment and order of acquittal and has discarded the evidence of the witnesses. The learned Trial Court has erred in not considering the fact that the deceased committed suicide as she was being harassed by the accused and was mentally and physically tortured time and again and the learned Trial Court has not appreciated the important evidence in its real spirit and has acquitted the accused. The learned Trial Court has passed the impugned judgment and order of acquittal without giving any cogent and convincing reasons and therefore, the same requires to be quashed and set aside.