STATE OF GUJARAT Vs. ARVINDBHAI UMEDBHAI PRAJAPATI

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal, dtd. 31/3/2009, passed by the learned Additional Sessions Judge, Deesa, in Sessions Case No.70 of 2008 for the offences punishable under Ss. 306, 498A and 114 of the Indian Penal Code, the appellant - State of Gujarat has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").

(2.) The prosecution case, as unfolded during the trial before the lower Court, is that, prior to two and half years from the date of incident, daughter of complainant viz., Vijayaben has been married with accused No.1 - Arvindbhai Umedbhai Prajapati. There are in-laws and a sister-in-law in her family. All are residing at Village : Thara in a joint family. Since from last two years, her husband as well as in-laws were raising disputes with daughter of complainant on the ground of household work and other petty matters and thereby, she was subjected to cruelty; and that she came back to her paternal home for about five times due to the said quarrels; and that prior to one week from the date of incident, daughter of the complainant came back to the house of the complainant and told that, her husband as well as in-laws have beaten and sent her back; and that the complainant and other relatives persuaded her and sent her back to her matrimonial home with an intention to settle her marriage life. However, on 7/3/2008, at about 01:00 a.m., the father-in-law of Vijayaben - deceased along with other relatives came to the house of the complainant and informed that Vijayaben has died. Therefore, the complainant has lodged a complaint before the Thara Police Station for the offences punishable under Ss. 306, 498(A) and 114 of the Indian Penal Code.

(3.) After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge-sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court where it came to be registered as Sessions Case No.70 of 2008. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.