(1.) This appeal under section 378 (1)(3) of the Code of Criminal Procedure, 1973, (in short 'the Code' 1973), is preferred by the appellant State of Gujarat against the judgment and order of acquittal passed by the learned Additional Sessions Judge, Court No. 17, Ahmedabad, in Sessions Case No. 352 of 2004, dated 21.12.2005, whereby the respondent/original accused was tried and acquitted of the offences under Section 304(B), 306, 498(A) of I.P.C., as well as under Section 3 and 7 of the Prevention of Dowry Act.
(2.) The facts in nutshell giving rise to the present appeal are as under: 2. 1 A complaint was filed on 07.09.2004, before Shahibaugh Police Station by the Complainant, father of the deceased Manjulaben that first marriage of his daughter Manjulaben had taken place with one Kantilal Prabhuji Mali of Deesa in the year 1993 and due to matrimonial discord, divorce was taken and second marriage was performed with respondent accused Jagdish before two and a half years of the incidence in question. The daughter of the complainant was residing with her husband, mother-in-law and brother-in-law in the city of Ahmedabad and that on 07.09.2014, the son of the complainant received telephonic message from his landlord stating the fact that his sister Manjuben had committed suicide by hanging and complainant along with his son had gone to the house of respondent and seen Manjulaben hanging below the fan. on inquiry from the respondent, it was disclosed that around 13:00 hrs on that day his wife, Manjula told him to visit a fair at Madhupura and thereafter, to go at her parental house, to which the husband had replied that both of them would go together during evening hours but at the same time Manjulaben was told that she could go alone in the fair as well as the house of her parents, if she desired to go immediately. Soon after, the respondent had gone to a panshop and after returning home he knocked the door and as there was no response as the door was locked, he peeped inside from the window and found Manjulaben hanging below the fan and immediately informed the neighbour Rameshbhai a teacher, and thereafter, the incident was registered, investigated and tried upon committal by the Sessions Court.
(3.) Before the learned trial judge evidence was led namely of complainant i.e. the father of the deceased, brother and Medical Officer who carried out Post Mortem. Indepth examination of oral as well as documentary evidence during the trial was done. At the end, learned trial judge found that the prosecution has failed to establish much less prove its case and accordingly the respondent came to be acquitted of the charges.