STATE OF GUJARAT Vs. ARVINDBHAI MANHARBHAI GADHVI

JUDGEMENT

(1.) The present acquittal appeal has been filed by the appellant- State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal passed by the learned Additional Sessions Judge, Fast Track Court No.01, Ahmedabad, in Sessions Case No.285 of 2006, dtd. 22/6/2007.

(2.) The prosecution case in nutshell is that the father of the victim deceased Seemaben, who has registered the complaint on 13/2/2006, stated that his eldest daughter Seemaben married to the accused No.1 as per their customs and the span of marriage life was of 10 years. The accused No.2 is the father-in-law of the victim, whereas, the accused No.3 is mother-in-law and the accused No.4 is sister-in-law. They were living in a joint family. Out of the wedlock of 10 years, the deceased had one male child aged about 7 years. As per the case of the prosecution, allegation is that the accused No.1 was not earning and accused Nos. 2 and 3 were taunting the victim and the victim was subjected to mental and physical torture and the accused Nos.2, 3 and 4 used to instigate the accused No.1 to beat the victim. It is the case of the prosecution that whenever the victim visited the parental home, she was making complaint about the accused and after compromise she was again taken back to the matrimonial home.

(3.) Since, the accused No.1 was transferred to S.T. workshop at Dwarka, so the victim -Seemaben was residing at Rajkot. At late night the accused No.2 would enter the room of Seemaben and make illegal demand, but Seemaben did not surrender to the illegal demand made by the accused No.2. Thereafter Seemaben went to Dwarka, where the accused No.1 and Seemaben were residing together. Eight months prior to the date of the incident, deceased Seemaben came at her parental home and narrated the incident that her husband was not doing job and he was sending different persons to her for illegal demand. Since the deceased refused to meet with such illegal demand she was severely beaten and compelled to leave the matrimonial home. Three months thereafter the opponent accused No.2 came at the parental home of the deceased Seemaben and upon compromise, once again Seemaben was taken to matrimonial home on Adav, Taluka- Botad and thereafter too she was subjected to torture. The accused Nos. 2 and 3 were taunting her saying that her husband was not earning anything, therefore, they should not live jointly together.