STATE OF GUJARAT Vs. VINODBHAI JERAMBHAI AND 3

JUDGEMENT

(1.) The State is in appeal under section 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short) to question the legality and validity of the judgment and order of acquittal dated 05.01.2007 passed by learned Additional District and Sessions Judge, Dhrangadhra in Sessions Case No.27 of 2006, whereby and where under the respondent came to be acquitted of the offences punishable under Sections 306, 498(A) read with Section 114 of the Indian Penal Code.

(2.) The brief facts of the case of the prosecution, as set out before the learned Trial Court, read as under:

(3.) As per the complaint of the complainant, Shri Makanbhai Madhubhai Koli, accused No.1 was the husband of the deceased, Gitaben, accused Nos. 2 and 3 were the brother-in-law of the deceased and accused No.4 was the sister-in-law of the deceased Gitaben. It is alleged in the complaint that accused persons were giving physical and mental torture to the deceased Gitaben, so also, beating the deceased time and again. It is further the case of the Prosecution that on account of physical and mental torture being meted out at the hands of accused persons to the deceased Gitaben, on 22/04/2006 in the evening hours, the deceased consumed the poison at the house of the accused and she was died. A complaint to that effect was lodged for the offence punishable under Sections 114 read with Section 498 (A) and 306 of the Indian Penal Code. Investigation was carried out and upon completion of the investigation, the accused were charge sheeted for the aforesaid offence.