(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 10.1.2005 rendered by learned Additional Sessions Judge, Junagadh in Sessions Case No.94 of 2001.
(2.) The short facts giving rise to the present appeal are that on 4.4.2001 at about 6.00 pm, complainant Ushaben fearing that if she goes to fair with her children at night Mangrol Bandar, the accused would beat her and cause her physical and mental harassment and because of that, she has poured kerosene on her person and committed suicide and thereby the accused abated deceased Ushaben to commit suicide. Hence, the complaint came to be lodged against the respondents 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.