STATE OF GUJARAT Vs. MAHENDRASINH

JUDGEMENT

(1.) The appeal has been filed by the State challenging the judgment and order of acquittal dtd. 22/6/2009 passed by the learned Additional Sessions Judge, Fast Track Court no.5, Nadiad in Sessions Case no.74 of 2008.

(2.) The charge was framed under Ss. 498A, 306 read with Sec. 114 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC"). The charge states that the deceased had married accused no.1-Mahendrasinh @ Jigo Natwarbhai Gohel and the matrimonial relation was of 3 years. After about one year of marriage, the complainant alleged that all the accused had started harassing the accused on the ground that she was not well-versed with the domestic work and when she conceived and was with five months' foetus, they started making false allegations regarding her character, and that mental and physical harassment has resulted into cruelty and that when it was unbearable, on 13/4/2008 at about 09 O'Clock, she consumed poison at Khodiyarpara Chhapra and committed suicide and therefore, the charge for abetment to commit suicide was framed.

(3.) Ms. Asmita Patel, learned APP has submitted that the Trial Court judgment is erroneous and contrary to law. The learned Judge has failed to appreciate the marriage span to draw presumption and when the witness had proved by way of their testimony the cruelty suffered by the deceased, then, the learned Judge was required to draw presumption under Sec. 113A of the Indian Evidence Act. The learned APP has submitted that the cause of death was consumption of the poisonous substance andosalfa, which could be identified through the postmortem.