STATE OF GUJARAT Vs. KIRANSINH PRAVINSINH VAGHELA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 4/11/2009 passed by the learned Addl. Sessions Judge, Court No.13, Ahmedabad City in Sessions Case No.277 of 2007, whereby the respondents accused came to be acquitted for the offences under Sec. 498(A), 306,114 of Indian Penal Code and under Sec. 3 and 7 of the Dowry Prohibition Act, the appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) The prosecution case in nutshell is that present respondent-org. accused No.1 married with deceased Hiral and therefore the accused Nos.2 to 3 are the in- laws of Hiral. It is the case of prosecution that during marriage life of Hiral, accused persons were giving her physical and mental torture for the inmates matter and for dowry. It is also case of prosecution that org. accused No.1 at the instance of other accused persons was giving, physical and mental torture to daughter of complainant and asked her to bring more dowry about Rs.20,000.00 for making purchase of rickshaw. As the physical and mental torture in the form of demanding dowry being meted out at the hands of deceased had crossed limitation, deceased committed suicide by pouring kerosene on herself and ignited. Thus, the accused persons were giving harassment to the deceased who did not bear the same and committed suicide. On the basis of the complaint, the Investigating Officer had conducted the investigation. Thereafter the statements of the witnesses were recorded and accused were arrested, as sufficient evidence to link the accused with the crime was found, the accused were charge sheeted for the aforesaid offences.

(3.) In pursuance of the complaint lodged by the complainant with the concerned Police Station for the aforesaid offences, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons and obtained FSL report etc. for the purpose of proving the offence. After having found sufficient material against the respondents accused, charge-sheet came to be filed in the Court of learned JMFC. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Ahmedabad City as provided under Sec. 209 of the Code.