STATE OF GUJARAT Vs. VEGAD KASUBAHEN

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned judgment of acquittal dated 27.9.2004 passed by learned Extra Assistant Sessions Judge, Bhavnagar, in Sessions Case No.70 of 2001, the State has preferred this appeal under Section 378 (1) (3) of the Code of Criminal Procedure, 1973.

(2.) It is the case of the prosecution that complainant, Manguben wife of Gobarbhai Shardulbhai has filed a complaint before Vartej Police Station stating the fact that she is residing at Village-Hathba along with her husband and children and her father-in-law has expired. It is further stated that her motherin-law, Kashuben, is residing separately with her elder brotherin-law. It is further the case of the prosecution that marriage of the deceased Manguben had taken place five years before the date of the incident. According to the prosecution case, the deceased-Manguben was subjected to cruelty by her motherin-law and Rekhaben, wife of elder brother-in-law. It is further the case of the prosecution that, in the past, several times, she was beaten by the accused persons and though her parental home is in the same village, she was not permitted to go there. According to the prosecution, on the fateful day i.e. on 7.10.2000 at about 8 a.m., the quarrel took place with regard to the character of her sister-in-law in which she was beaten and, because of such ill-treatment and continuous harassment given to her by the accused, she committed suicide by setting herself on fire by pouring kerosene on her body and igniting the matchstick. Accordingly, the complaint was registered as C.R.No.I-254 of 2000 for the alleged offences under Sections 498-A, 306 and 314 of the Indian Penal Code.

(3.) Mr.Rashesh Rindani, learned APP appearing for the appellant-State has vehemently submitted that, in this case, the entire evidence of the prosecution is based on the dying declaration and the FIR given by the deceased. While referring to the deposition of the doctors and deposition of the Executive Magistrate along with dying declaration and FIR, it has been urged by him that, from the dying declaration, it is found that the deceased was subjected to cruelty by the present accused and due to that she has committed suicide. Accordingly, he prays to allow this appeal by setting aside the impugned judgment of acquittal. However, he has conceded that almost all the other witnesses, who are relatives of the deceased have turned hostile.