STATE OF GUJARAT Vs. PANKAJKUMAR ISHWARLAL SHAH

JUDGEMENT

(1.) THIS appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by the Sessions Judge, Dahod on 19th April, 2005 in Sessions Case No.330/2004 whereby both the respondents accused came to be acquitted by the trial Court for the offences punishable under Sections 498 (a), 306 and 114 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, victim Sadhnaben, in the incident, daughter of the complainant Prakashchandra Ramchandra Katlana, had married to accused No.1 Pankajkumar Ishwarlal Shah on 27/11/2003 at Mansor. After marriage, both were residing at Dahod. On 29/11/2003, a reception of the marriage ceremony was also arranged at Dahod and on that occasion, the parents of deceased Sadhna and her relatives had attended at Dahod and, thereafter Sadhna had resumed her parental home at Mansor. Thereafter, respondent No.1 - Pankajkumar Ishwarlal Shah had brought Sadhna to Dahod. On 13/12/2003, Harish and Monika, brother and sister of Sadhna had been to Dahod to meet Sadhna and they returned to Mansor on 14/12/2003. On 16/12/2003, Prakashchandra Ramchandra Katlana, father of victim Sadhna for inquiring well being of Sadhna telephoned to Dahod, which was attended by one Shri Ashokbhai, who informed Prakashchandra that all family members of Prakashchandra should immediately reach to Dahod. Therefore, complainant Prakashchandra and his family members came to Dahod. They came to know at Dahod that Sadhna committed suicide by strangulation and hanging herself with the help of ribbon (dupatta) on her neck. The information was given to Dahod Town Police Station by Sureshchandra Laxmidas Shah, which was registered as Accidental Death Inquiry No.28/2003. That inquiry was conducted by Senior Police Sub Inspector Gulam Mohmad Musir Shaikh and he recommended visitation of his higher officer i.e. Deputy Superintendent of Police and, therefore, inquiry thereafter conducted by Deputy Superintendent of Police Mr.Bhati. When this inquiry was in progress, on 10/02/2004, complainant Prakashchandra gave a complaint, which is on record at Ex.22 before the Deputy Superintendent of Police. A crime came to be registered and investigation was entrusted to Senior Police Sub Inspector - Gulam Mohmmad Musir Shaikh, against both the accused, respondents herein and hence they were arrested on 11/02/2004. After investigation was over in this matter, a charge -sheet came to be submitted in the Court of learned Judicial Magistrate, First Class and the case was, thereafter, committed to the Court of Sessions. Vide Ex.2, charge against both the accused came to be framed by the learned Sessions Judge, Dahod on 31/08/2004 and both the respondents accused pleaded not guilty.

(3.) THE prosecution, thereafter, examined as many as nine witnesses to prove its case and produced on record about ten documents like P.M.Note, Inquest Panchnama, Panchnama of seen of offence, complaint, report, analysis and opinion of FSL etc.