THE STATE OF GUJARAT Vs. RAMNIKLAL JECHANDBHAI VANIYA

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 5.2.2005, recorded by the learned Additional Sessions Judge, Fast Track Court No.6, Rajkot, in Sessions Case No.81 of 2004.

(2.) It is the case of the prosecution that in the present case, complaint was filed by Induben who is sister of deceased Ashaben. It is further the case of the prosecution that the marriage of the deceased Ashaben took place before two years from the date of incident and after her marriage till one year, there was no complaint against the respondents accused but thereafter, she was subjected to cruelty by her motherinlaw, younger brotherinlaw as well as sisterinlaw and therefore, she had left the house of herinlaws and went to her parental house. It is further the case of the prosecution that before four months from the date of incident, members of inlaw's family had gone to the house of her parents and after giving solace, she was brought back to their house. It is further the case of the prosecution that about 15 days passed peacefully after she was brought back, but thereafter she was again subjected to cruelty by respondents accused regarding theft of utensils as well as eating of curd from house and thereby she was subjected to cruelty on petty matters. It is further the case of the prosecution that as cruelty adduced by respondents was beyond her control and therefore, she attempted to commit suicide and as said facts came to the knowledge of the complainantInduben, she had visited hospital where deceased Ashaben gave information regarding illtreatment from respondents accused. Accordingly, a complaint for the offences punishable under Sections 498(A), 306 of the IPC, was filed before "B" Division, Police Station, Rajkot.

(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 accused respondents from all the charges levelled against them. Therefore, the present appeal.