STATE OF GUJARAT Vs. SURESHCHANDRA JERAMBHAI

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal, dtd. 19/3/2008, passed by the learned Additional Sessions Judge and Fast Track Court No.4, Morbi, in Sessions Case No.50 of 2007 for the offences punishable under Ss. 306, 498A and 114 of the Indian Penal Code and Ss. 3 and 7 of the Dowry Prohibition Act, the appellant - State of Gujarat has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, "the Code"). 1.2 It is noted that since the respondent No.1 - Sureshchandra Jerambhai has expired during the pendency of this appeal, this appeal is disposed of as abated, vide order dtd. 25/4/2025, qua respondent No.1 only.

(2.) The prosecution case, as unfolded during the trial before the lower Court, is that, accused No.2 married with the deceased; and that after the marriage, the deceased was tortured mentally by the respondents - in-laws for dowry; and that since the said mental and physical torture was continued at the hands of the respondents, the deceased poured kerosene over her body and set ablaze and thereby, committed suicide. Therefore, the complainant - Hotilal Fatehsinh Yadia has lodged a complaint before the Morbi City Police Station for the offences punishable under Ss. 306, 498(A) and 114 of the Indian Penal Code and Sec. 3 and 7 of the Dowry Prohibition Act.

(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.50 of 2007. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.