STATE OF GUJARAT Vs. DHARMSHI DEVABHAI BHOJANI

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 21.3.2005 rendered by learned Additional Sessions Judge, Rajkot in Sessions Case No.85 of 2004.

(2.) The short facts giving rise to the present appeal are that respondent accused married with deceased Jabuben before twenty five years from the date of incident. It is alleged that after the marriage, the respondent accused was having illicit relation with Samjuben and Samjuben was staying with the respondent accused as concubine. It is alleged that therefore the accused was subjecting physical and mental torture to Jabuben and was also beating her. It is alleged that as the conduct of the respondent accused was so unbearable, deceased Jabuben committed suicide by pouring kerosene on her person on 3.6.2004. 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.