STATE OF GUJARAT Vs. MUSTUFABHAI SULEMANBHAI DHANSURIYA

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. 13/4/2007 in Sessions Case No.12 of 2007 passed by the learned 2nd Additional Sessions Judge, District Sabarkantha at Himmatnagar (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') and under Sec. 3 and 7 of the Dowry Prohibition Act (hereinafter referred to as 'the Dowry Act'). 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.) After registration of the FIR, the investigation was carried out by the concerned Investigating Officer and after having sufficient material against the accused, the chargesheet came to be filed before the concerned jurisdictional Magistrate. As the case was exclusively triable by the Court of Sessions, the process under Sec. 209 of the Cr.P.C. was undertaken and the case was committed to the Sessions Court and the same was registered as Sessions Case No.12 of 2007.