STATE OF GUJARAT Vs. FULABHAI VARSINGBHAI PANDORE

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 16/11/2009 passed by the learned Additional Sessions Judge, Dahod, in Sessions Case No.43 of 2008 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, marriage of the deceased - Sheelaben Jithrabhai Katara, W/o. Shaileshbhai Fulabhai Pandor has solemnized before one year of the incident; and that on 11/10/2007, the complainant - Jithrabhai Nathabhai Katara received a message from villages that his daughter has fallen down in the Well; and that due to ill-treatment given by the in-laws regarding dowry, she has committed suicide is the complaint of the complainant before the Fatepura 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.43 of 2008. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.