STATE OF GUJARAT Vs. RANCHHODBHAI KHODABHAI THAKORE

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 29/05/2004 recorded by the learned Presiding Officer, 5th Fast Track Court, Nadiad in Sessions Case No.259 of 2003 whereby the learned Trial Judge acquitted the respondent-accused, of the charges for the offence punishable under Sections 498(A) and 306 of the Indian Penal Code.

(2.) Brief facts of the case are that on 12/09/2003, Gotabhai Somabhai Thakore had given a complaint before Khambhat Rural Police Station stating that he has two daughters and younger daughter Kusum is married to Ranchhodbhai Khodabhai Thakore of village Jitpur before nine years prior to the incident and out of said wedlock, she has two sons. Kusum was staying separately with her husband and children since last two years and thereafter also quarrels were taking place between husband and wife and her husband was saying her that she is not liked by him and therefore she must leave the house. Therefore, Kusum was frequently coming to her parental house and stated said facts to her parents. So as to see that her married life was not broken, she was sent back to her matrimonial house. Being tired by the attitude of her husband, she was staying separately with her children. That on 12/09/2003, brother-in-law (Nandoi) of Kusum namely Lalji had come with rickshaw and stated that Kusum has expired.

(3.) To prove the case against the present respondentaccused, the prosecution has examined about eight witnesses and also produced several documentary evidence.