STATE OF GUJRAT Vs. YOGESHBHAI LABHSHANKER JOSHI

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 19.10.2006 rendered by learned Presiding Officer, Fast Track Court No.6, Rajkot in Sessions Case No.79 of 2006.

(2.) The short facts giving rise to the present appeal are that deceased Bhavnaben had married with the respondent accused before six years from the date of incident. It is alleged that the respondent accused was not earning and used to quarrel with the deceased. It is alleged that the respondent accused used to subject cruelty to the deceased and since the deceased could not bear such cruelty, she committed suicide by igniting herself on 30.5.2006. Not only that the deceased also killed her two minor sons by igniting them too along with herself. Hence, the complaint came to be lodged against the respondent accused.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the charge sheet against the respondent accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.