THE STATE OF GUJARAT Vs. TRIBHOVANBHAI ICCHABHAI THAKORE

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat, under Section 378 (3) of the Criminal Procedure Code, 1973, against the judgment and order of acquittal dated 16.8.2004, recorded by the learned Joint District Judge and Presiding Officer, 5th Fast Track Court, Nadiad, in Sessions Case No.80 of 2001.

(2.) It is the case of the prosecution that the marriage between the deceased Vidhyaben and respondent No.3 Maheshbhai Thakore took place six years prior from the date of incident and since that day the deceased was staying at her matrimonial home. The respondent was continuously forcing her to leave the matrimonial home so that they can arrange second marriage of her husband. On 31.8.2000, deceased Vdhyaben consumed poisonous substance and committed suicide. Accordingly, a complaint for the offences punishable under Sections 498(A), 306, 114, 201 and 176 of the IPC, was filed before Khambhat Rural Police Station.

(3.) In pursuance of the aforesaid complaint, the Police recorded the statements of the witnesses and after completion of investigation, filed chargesheet which came to be committed to the learned trial Court. After conclusion of trial and hearing, the learned trial Court acquitted the accused respondents from all the charges levelled against them.