STATE OF GUJARAT Vs. JASUBHAI HARIBHAI PATEL

JUDGEMENT

(1.) By Way Of This Appeal, Filed Under Section 378 of the Criminal Procedure Code, 1973, the appellant State has challenged the judgment and order of Sessions Judge, Palanpur, Dist:Banaskantha (for short the "trial court"), dated 31.03.1997 rendered in Sessions Case No.107 of 1996, whereby the learned trial judge has acquitted the original accused the respondent herein of the charges for the offence punishable under sections 498A, 306, 304B & 201 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC").

(2.) The Case Of The Prosecution As Per The Charge at Exh.2 is that the accused had married the deceasedBabiben in the Year1985 in a child marriage and for the first time, she was sent to her husband's accused house prior to two years from 21.04.1996. The accused used to harass the deceased by demanding dowry such as ornaments and also caused physical and mental harassment time and again. One month prior to the date of incident i.e. on 20.04.1996, the accused assaulted the deceasedBabiben and told her to bring Rs.25, 000/ from her father's home and when she went to her father's home, the accused telephonically called her 23 times to bring money. Due to such harassment, deceased Babiben committed suicide on 1920.04.1996 in the night hours. Thus, the accused has committed an offence under Sections 498A, 306, 304B and 201 of the Indian Penal Code.

(3.) A Complaint To That Effect Came To Be Lodged by the P.W.1, Laxmanbhai Haribhai Patel at Amirgadh Police Station, for, the offences under Section 498A, 306, 304B and 201 of the Indian Penal Code. Upon registering the offences under Sections 498A, 306, 304B and 201 114 of the Indian Penal Code against the accused, the Investigating Officer has carried out the investigation and after following the due procedure of law, a chargesheet came to be filed before the Chief Judicial Magistrate, Palanpur, and as the case was exclusively triable by the Court of Sessions, the same was committed to the Sessions Court. A charge Exh.2 was framed against the accused respondent and the plea of the accusedrespondent was recorded under Section 313 of the Code of Criminal Procedure. The accused respondent herein pleaded not guilty to the charges and claimed to be tried.