STATE OF GUJARAT Vs. VALLABHABHAI AMRABHAI BALVA

JUDGEMENT

(1.) The present appeal, under Section 378 (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 22.11.2005 passed by the learned Presiding Officer, 13th Fast Track Court, Gondal, Camp at Upleta in Sessions Case No.09 of 2001, whereby, the learned trial judge has acquitted the original accused -the respondent herein, of the charges for the offences punishable under Sections 323, 504, 498(A) and 306 of the Indian Penal Code.

(2.) The brief facts of the prosecution case are that the marriage of the respondent with deceased -Savitaben was solemnized six years prior to the date of alleged incident and out of the said wedlock, they were blessed with one boy named Harsh. Initially for three years, their marriage life was running smooth, but thereafter, respondent started giving physical and mental torture to deceased because the deceased -Savitaben suspected that respondent was having illicit relation with another lady. Further, during her marriage life, the deceased was subjected to cruelty by the respondent - husband and due to which she used to return to her parental home and after settling the issue, she was again sent to her matrimonial home Because of this constant harassment, the deceased -Savitaben got fed up and committed suicide on 10.11.2000 by hanging herself. Thereafter, she was immediately transferred to Upleta Government Hospital for treatment, where she succumbed to the injury. P.M. was carried out and doctor stated that her death was caused due to hanging. A complaint was filed by the complainant - Jivanbhai Ranabhai Vankar on 11.11.2000. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed and submitted the same before the Judicial Magistrate First Class, Upleta and Criminal Case No.805 of 2000 was registered. However, as the case being exclusively sessions triable, the same was committed before the Additional Sessions Court, Gondal as per Section 209 of the Code of Criminal Procedure where the case was registered as Sessions Case No.09 of 2001. The trial was initiated against the respondent.

(3.) To prove the case against the present accused, the prosecution has examined about 21 witnesses and also produced several documentary evidence.