STATE OF GUJARAT Vs. RAVAL VALJIBHAI HARCHANDBHAI

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 6.6.2005, recorded by the learned Additional Sessions Judge, Fast Track Court No.3, Patan, in Sessions Case No.321 of 2002.

(2.) It is the case of the prosecution that the marriage between the deceased Vimlaben and Mukeshbhai, son of the accusedrespondent no.1 took place three years prior for the date of incident and since that day the deceased was staying with her husband, motherinlaw and sisterinlaw, in a joint family. On 30.12.1998 at about 15.00 hours, when she was alone in the house, she told her fatherinlaw and motherinlaw that as she was in disposed, she wanted to stay separately. It is further the case of the prosecution that since arrival of the deceased to her inlaws house, time and again her fatherinlaw and sisterinlaw were teasing her by saying that she is unable to bear a child and that she was not doing household work. In this way they were torturing her mentally, as a result of which, on 30.12.1998 at about 15.00 hours, she after pouring kerosene set herself on fire and started shouting and upon hearing the shouts of the deceased, her husband and other persons rushed there and thereafter she was taken to the dispensary and was admitted and during the course of treatment, she expired. Accordingly, a complaint for the offences punishable under Sections 498(A), 306 read with Section 114 of the IPC, was filed before Chanasma 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. After conclusion of trial and hearing, the learned trial Court acquitted the accusedrespondents from all the charges levelled against them. Therefore, the present appeal.