STATE OF GUJARAT Vs. RAJESH JAYANTILAL DAVE

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 18/3/2009 passed by the learned Additional Sessions Judge, Court No.18, Ahmedabad (City), in Sessions Case No.92 of 2007 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, on 24/11/2005, the deceased - Kalyaniben, who has married with Rajeshbhai Jayantilal Dave on 14/7/2005, has died by hanging herself in the house due to mental and physical tortured by the in-laws within a short span of marriage. Therefore, the complainant has lodged a complaint before the Odhav 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.92 of 2007. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.