STATE OF GUJARAT Vs. POONAMSINH NANSINH

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 15/12/2007 passed by the learned Additional Sessions Judge, Fast Track Court No.6, Kheda at Nadiad, in Sessions Case No. 51 of 2007 for the offences punishable under Ss. 306, 498(A) 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 there were quarrel with the husband and in-laws regarding not giving birth of child by the deceased time and again and due to that, many a time, the deceased came to her parental home. Thereafter, on 13/2/2007, one Ajitsinh Kantibhai, a relative of complainant - Bhupatsinh Shanabhai Chauhan informed the complainant telephonically that deceased - Bhartiben had consumed poison, admitted in the hospital, was unwell and to come today or tomorrow to see her. Therefore, the complainant did not go immediately. However, at about 11:00 hours, again said Ajitsinh called the complainant and informed that Bhartiben had died. Thereafter, all the family members of the complainant rushed to the spot where they found that dead body of the deceased was lying and none of the accused persons were there. Therefore, a complaint is lodged by the complainant at about 05:30 p.m. before the police station for the offences punishable under Ss. 306, 498(A) and 114 of the Indian Penal Code against the accused persons.

(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.51 of 2007. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.