STATE OF GUJARAT Vs. GAJENDRASING HEMANTSINH JADEJA

JUDGEMENT

(1.) The present appeal filed by the Appellant-State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dtd. 6/11/1996 passed by the Additional Sessions Judge, Jamnagar (hereinafter referred to as "the Trial Court") in Sessions Case No.51 of 1995, whereby the Trial Court has acquitted the respondents- accused for the offences punishable under Ss. 302, 304(B), 498(A), 506(2) and 114 of Indian Penal Code, 1860, (for short, "the IPC") and Ss. 3 and 7 of the Dowry Prevention Act, 1961.

(2.) The prosecution case emanates from the FIR (being No.55 of 1995) registered by the deceased complainant on 8/2/1995 at City 'B' Division Police Station, Jamnagar (at Exh.52), wherein she has alleged that she was being harassed by the accused herein by demanding dowry. The contents of the FIR reveal that she has alleged that there was some dispute going on between the accused No.1 (the husband) with regard to the maintenance, and after the compromise was entered upon, she along with her husband stayed separately at Jamnagar and at that time, the other accused (in-laws) as well as brother-in-law used to come at their home and used to demand money time and again. She has further alleged that they also demanded an amount of Rs.16,000.00 and ultimately, on that day, there was some quarrel with her husband - accused No.1, who all of sudden, after threatening her, went out after some argument and bickering. Thereafter, she poured kerosene and set her ablaze. Accordingly, the charge was framed against four accused at Exh.6. The charge was framed against the accused for the offence punishable under Ss. 302, 304(B), 498(A), 506(2) and 114 of the IPC and Ss. 3 and 7 of the Dowry Prevention Act, 1961.

(3.) At the outset, the present appeal is already abated, so far as the accused Nos.2 and 4 i.e. the father-in-law and mother- in-law, are concerned and the present appeal is confined to the accused Nos.1 and 3 i.e. the husband and brother-in-law.