STATE OF GUJARAT Vs. JAYANTIBHAI MEGHIJIBHAI PARMAR

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat, under Section 378 (3) of the Criminal Procedure Code, 1973, against the judgment and order of acquittal dated 11.5.2006, recorded by the learned Sessions Judge, Junagadh, in Sessions Case No.55 of 2003.

(2.) It is the case of the prosecution that on 5.2.2003 at about 6.00 p.m., while the deceased was going towards her house after completing her duties, respondentaccusedJayanti Meghji who is serving in school with her as a sweeper met her near the way of her home and threatened her to get marry with him. Therefore, complainant replied that "you are having wife and children, and therefore, it is not possible for me to get marry with you". She further replied that "I accept that we are in love since last five months, but I am having husband and son, it is not possible for me to marry again". Therefore, respondent accused got enraged and threatened to kill her, if she has not married with him. Thereafter, on next day at about 11.30 hours, she committed suicide by pouring kerosene on herself and setting her on fire. Accordingly, a complaint for the offences punishable under Sections 306 and 506 (2) of the Indian Penal Code, was filed before Junagadh City "B" Division Police Station.

(3.) In pursuance of the aforesaid complaint, the Police recorded the statements of the witnesses and after completion of investigation, filed chargesheet which came to be committed to the learned trial Court.