THE STATE OF GUJARAT Vs. MUKESH POPAT SETI

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 31.3.2005 rendered by learned Additional Sessions Judge, Fast Track Court No.12, Morbi in Sessions Case No.30 of 2000.

(2.) The short facts giving rise to the present appeal are that deceased Mitaben who was married with respondent No.1 was residing with him and respondent Nos.2, 3 and 4 are the family members of respondent No.1. It is alleged that respondent No.1 was beating to deceased Mitaben for the household work and frequently taunting for the said work and as a result, the deceased was being harassed physically and mentally and due to this, deceased Mitaben committed suicide on 20.3.1999 at about 7.45 hours in the morning and the house of respondent No.1 by pouring kerosene on her body and set her on fire. 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 respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.