STATE OF GUJARAT Vs. NARENDRASINH NATHUSINH CHAVDA

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat under Sec. 378 (3) of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 28/01/2005 recorded by the learned Assistant Judge, Gandhinagar, in Sessions Case No. 100 of 2004 whereby the learned Trial Judge acquitted the respondent -accused, of the charges for the offence punishable under Ss. 498(A) and 306 of the Indian Penal Code.

(2.) Brief facts of the case are that the complainant Reetaben Popatsinh Chavda was residing at Block No. 40/3, Sector -27, Gandhinagar with her family. Her husband was working as a Police Constable. She had five elder brother -in -laws who are residing at Rangpur. The respondent -accused is her elder brother -in -law who was managing the affairs of the family. They all have their independent residential premises. On 23rd November 2002 at about 3:00 p.m., when the complainant was alone in her house, the respondent came there and demanded the money which was unpaid as the complainant had to pay Rs. 50,000/ - out of which only Rs. 15,000/ - was paid. The respondent demanded said unpaid money and gave threat that if she does not pay the remaining amount of money, she should die and on account of the same, she was feeling offended and poured kerosene over herself, set fire and committed suicide. Thereafter, as she started shouting, people gathered there and police van also came there. Thereafter, she was admitted to Civil Hospital, Gandhinagar. From there, she was shifted to Ahmedabad Civil Hospital where the aforesaid complaint was registered. Necessary investigation was carried out and statements of several witnesses were recorded. As during the course of treatment, the complainant has expired, report has been made to add Sec. 306 of the Indian Penal Code. During the course of investigation, the respondent was arrested and, ultimately, charge -sheet was filed and submitted the same before the concerned Magistrate. However, as the case being exclusively sessions triable, the same was committed before the learned Assistant Sessions Judge, Gandhinagar, as per Sec. 209 of the Code of Criminal Procedure where the case was registered as Sessions Case No. 100 of 2004. The trial was initiated against the respondent.

(3.) To prove the case against the present respondent -accused, the prosecution has examined about six witnesses and also produced several documentary evidence in the nature of panchnama and pm report, dying declaration etc..