STATE OF GUJARAT Vs. NATVARBHAI

JUDGEMENT

(1.) The present appeal filed under Ss. 378(1)((3) of the Code of Criminal Procedure, 1973 is directed against the judgment and order of acquittal dtd. 14/3/2008 passed by the learned Fast Track Court, City Sessions Court, Ahmedabad in Sessions Case No.195 of 2007. The offence was registered under Ss. 498A, 306 read with Sec. 114 of Indian Penal Code (for short 'IPC'). The FIR was registered at Vejalpur Police Station and after the investigation, the charge- sheet was filed.

(2.) The incident had occurred on 9/11/2006 at about 1.00 in the afternoon, where the victim deceased - Sunitaben committed suicide by hanging herself with the 'Duptta', tied on her neck attached to the pipe of the ceiling of the matrimonial house. The allegation is that the cause of suicide is the mental and physical cruelty meted at the hands of the accused, who are husband, younger brother-in-law and mother-in-law. The father of the deceased Bhanubhai Bhulabhai Chunara gave the complaint on 11/11/2006 at about 19:55 in the evening.

(3.) Learned APP Mr. Rohan H.Raval has submitted that the order of acquittal passed by the learned Judge is contrary to the law and evidence on record. The prosecution has established the case beyond reasonable doubt. The learned Judge was required to appreciate the evidence of Prosecution Witness No.4, the complainant - Bhanubahi Bhulabhai Chunara, who has been examined at Exh.20, who had very categorically deposed in his testimony that prior to two years of the incident, Sunita got married with accused No.1. He had stated that Sunita used to tell him that her husband was doubting her character and thereby beating her, so also demanding dowry.