STATE OF GUJARAT Vs. KALAVATIBEN LILADHAR

JUDGEMENT

(1.) This appeal under Section 378 of the Criminal Procedure Code has been filed by the appellant -State of Gujarat, being aggrieved by the judgment and order dated 5.9.2003 of the learned Additional Sessions Judge, 6th Fast Track Court, Rajkot in Sessions Case No.193 of 1994, whereby the respondent " original accused (for short 'accused') has been acquitted of the offences punishable under Sections 498(A) and 306 of the Indian Penal Code (for short 'IPC').

(2.) Briefly stated the case of the prosecution,as culled out from the material on record, is that the deceased Tulshaben alias Tulsiben was married to one Premjibhai, who is the brother of the accused. Two months prior to the incident the deceased and her husband had come to reside near the house of the accused on Street No.5, Santkabir Road, Gokulnagar, Rajkot. It is the case of the prosecution that the accused used to frequently quarrel with the deceased on the issue of sharing water from the water tap. The accused was physically and mentally harassing the deceased.

(3.) On the day of the incident i.e. 28.2.88 at about 12 noon the deceased committed suicide by pouring kerosene and setting herself on fire, allegedly due to the physical and mental cruelty inflicted upon her by the accused, which she could not bear any longer.