STATE OF GUJARAT Vs. VINODBHAI DHARAMSINHBHAI

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 10.12.2004 rendered by learned Additional Sessions Judge, Fast Track Court No.1, Bhavnagar in Sessions Case No.126 of 1997.

(2.) The short facts giving rise to the present appeal are that deceased Jayaben married to Vinodbhai before nine years from the date of incident. It is alleged that on 9.3.1997 Vinodbhai husband of the deceased after visiting the fair had returned home and had taunted the deceased and said that he does not like the deceased and it is better is she dies.

(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.