STATE OF GUJARAT Vs. MODI DAHYALAL SHANKARLAL

JUDGEMENT

(1.) The present appeal filed under Ss. 378(1)((3) of the Code of Criminal Procedure, 1973 is directed against the judgment and order dtd. 31/3/2003 passed by the learned Additional Sessions Judge, (Third Fast Track Court) Mahesana, acquitting the respondents accused for the offences punishable under Ss. 498A, 306, 304(B) read with Sec. 114 of Indian Penal Code.

(2.) The case of the prosecution, as per the charge at Exh.4 is that the daughter of the complainant committed suicide along with her infant child aged about six months, on 20/3/2001 due to the harassment meted out to her by the respondents accused. Respondent No.1 is the father of accused No.2, who is husband of the deceased and respondent No.3 is the mother of the accused No.2, who is mother-in-law of the deceased. The accused Nos.1 and 3 i.e. the father and mother of accused No.2 have passed away hence, the appeal is confined to the accused No.2, who is husband of the deceased. Thus, the specific case of the prosecution is with regard to meeting out harassment by demanding dowry by the accused from the daughter of the complainant.

(3.) To establish the charge, the prosecution has primarily examined five witnesses. As per the establish facts from the pleadings, the marriage between the respondent No.2 and the deceased was solemnized on 21/2/2000, and out of the said marriage the daughter of the complainant had given birth to a baby boy on 30/9/2000. On 20/3/2001, the deceased along with her infant child committed suicide leaving behind a suicide note, Exh.26.