THE STATE OF GUJARAT Vs. RAMESHBHAI NATHABHAI

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 15.11.2006 rendered by learned Additional Sessions Judge and Presiding Officer, 11th Fast Track Court, Gondal camp at Dhoraji in Sessions Case No.14 of 2006.

(2.) The short facts giving rise to the present appeal are that the marriage of deceased Anjanaben was taken place with respondent ­ Rameshbhai Nathabhai prior to two years from the date of incident. It is alleged that the respondent accused was having suspicious nature and he was suspecting about character and conduct of his wife and as such she was subjected to cruelty by the respondent. It is alleged that there was quarrel on 9.12.2005 in the early morning between the deceased and the respondent as regards to watching of TV and beaten the deceased and subjected to cruelty. It is alleged that as the cruelty meted out by the respondent was beyond control, the deceased committed suicide by setting her on fire. 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 chargesheet against the respondent accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.