STATE OF GUJARAT Vs. NAVNEETBHAI KARSHANBHAI KOLI

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 15.2.2006 rendered by learned Sessions Judge, Navsari in Sessions Case No.38 of 2005.

(2.) The short facts giving rise to the present appeal are that deceased Nimishaben was married to the respondent accused around three years prior to the date of incident. It is alleged that when deceased Nimishaben used to visit her parental house, she used to complain about the behaviour of the respondent accused who used to physically abused the deceased on trivial issues. It is alleged that once the deceased conceived pregnancy, the respondent accused used to harass her by making allegation about her chastity. It is alleged that prior to the date of incident, the respondent accused physically abused the deceased. It is alleged that on 1.5.2005, the complainant received the information that his daughter was ill and hence, he immediately rushed to the matrimonial house of the deceased where he found his daughter expired and on her neck there was faint impression. 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.