STATE OF GUJARAT Vs. PRAVINBHAI @ PALIDO AALJIBHAI WAGHELA

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 23.1.2006 rendered by learned Additional Sessions Judge, Fast Track Court No.1, Surendranagar in Sessions Case No.62 of 2004.

(2.) The short facts giving rise to the present appeal are that the there was love affair between the accused and deceased Fatuben since five months prior to the date of incident and the respondent accused has given handy loan of Rs.1000/- to the deceased. It is alleged that with an intention to have extra merital relation, the accused went at the house of the deceased on 7.5.2004 and she was lured to run away with him and also administered threat to kill her and, thereby the respondent accused committed the offence punishable under section 498 read with section 511 and sections 306, 504 and 506(2) of IPC. 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.