STATE OF GUJARAT Vs. SURESHKUMAR HIRABHAI PRAJAPATI

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 09.01.2007 passed by learned Additional Sessions Judge, Panchmahal at Godhara in Sessions Case No.147 of 2006, whereby and whereunder the respondent came to be acquitted of the offences punishable under Sections 498(A) and 306 of the Indian Penal Code.

(2.) The prosecution case in brief is that the deceased-Jyotsnaben, wife of the respondent-accused, was sister of the complainant-Laljibhai Hirabhai Prajapati. It is alleged that the deceased was physically and mentally harassed and asked to bring dowry by the respondent-accused. As the physical and mental torture was beyond the control of the deceased, she committed suicide by pouring kerosene on herself at the resident of the accused on 22.04.2006 at about 21.30 hours. She was severely burnt and died during the treatment on 24.04.2006. In this way the respondent-accused gave the physical and mental torture and demanded for dowry from the deceased, so also, inspired the deceased to commit suicide and thereby committed offence punishable under Sections 498(A) and 306 of the Indian Penal Code. The complaint was lodged by the brother of the deceased and same was registered being I-C.R. No.14 of 2006 before the Khanpur Police Station for the aforesaid offence punishable under Sections 498(A) and 306 of the Indian Penal Code. The dying declaration was recorded during the treatment, statements were recorded, panchnama was drawn, postmortem of the body of the deceased was conducted and muddamal collect during the investigation was sent to F.S.L. and upon completion of the investigation, sufficient evidence to link the accused with the crime was found, he was charged sheeted for the aforesaid offences.

(3.) The Charge, Exhibit-2 was framed and read over and explained to the respondent. He pleaded not guilty and claimed to be tried in order to bring home the guilt to the respondent.