THE STATE OF GUJARAT Vs. LILABHAI RAJABHAI KADCHA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Porbandar (hereinafter referred to as "trial Court") in Sessions Case No. 9/2005 by which the learned trial Court has acquitted the respondent herein - original accused for the offences punishable under Ss. 307, 498 -A of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"), the State has preferred the present criminal appeal.

(2.) It was the prosecution case that before four years the accused Lilabhai Rajabhai married victim Hiriben. After their marriage they lived at Kadch village. Since last two years they were staying at Chaya village. That this was the second marriage of the accused with Hiriben. As per the case of the prosecution, after sometime of the marriage, the accused started beating his wife and giving physical torture. That due to harassment by the accused, Hiriben even went to her parents with her minor son. She informed her parents that the accused used to spend more money and he was beating her and subjecting her to physical torture and harassment. That after some days Hiriben's father -in -law and mother -in -law went to Rewda village and bring the victim back and gave them assurance that in future accused shall not beat her and will not give her physical torture. However, her son was kept at Kadch village at her in -law's house.

(3.) Ms. Moxa Thakkar, learned Additional Public Prosecutor has vehemently submitted that in the facts and circumstances of the case the learned trial Court has materially erred in acquitting the original accused. It is vehemently submitted by Ms. Thakkar, learned Additional Public Prosecutor that in the present case the learned trial Court has acquitted the original accused by giving benefit of doubt solely on the ground that there are two contradictory dying declarations.