STATE OF GUJARAT Vs. AMRA ARJAN DHAMOL

JUDGEMENT

(1.) By this acquittal appeal under Sec. 378 of the Code of Criminal Procedure, 1973, the State has challenged the order of acquittal dated 8/01/1988 whereby the learned Judicial Magistrate, First Class, Santrampur, ordered to acquit the respondent for the offence punishable under Sec. 498-A of the Indian Penal Code.

(2.) Shortly stated the prosecution case is that the respondent-accused was married with deceased Jashiben, who was the daughter of P.W. 2 Hathibhai Motibhai, before about 4 years since the date of occurrence on 24/07/1987. It was alleged that the accused-husband treated the deceased Jashiben with cruelty driving her to commit suicide. As a result of cruelty, the prosecution case proceeds, the deceased Jashi committed suicide by burning herself at about 8-00 a.m. on 24/07/1987. It was alleged that the deceased Jashi being subjected to cruelty, was driven to commit suicide and thereby the accused was charged with the offence punishable under Sec. 498-A of the Indian Penal Code.

(3.) Earlier, a complaint was lodged that the house in which the deceased Jashi was there, was put on fire as a result of which the deceased Jashi sustained burn injuries, ultimately resulting in her death. The deceased Jashi was brought to the hospital at Santrampur in a tractor where she was declared to have died by P.W. 1 Dr. G. K. Devra. After investigation, the police submitted charge-sheet against the respondent-accused for the aforesaid offence. The charge on the aforesaid facts was framed at Exh. 4 to which the accused pleaded not guilty.