STATE OF GUJARAT Vs. TEJPALSINH RATANSINH PARMAR

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 26. 02. 2009 passed by the Additional Sessions Judge, Fast Track Court, Surat in Sessions Case No. 353 of 2007, whereby the accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by Mr. Kodekar, learned APP that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence. 3. 1 Mr. P. R. Abhichandani, learned advocate appearing for the complainant states that the trial court has failed to appreciate that the death of the deceased took place within 11 months from the date of marriage with the accused. He has specifically stated that the deceased was being harassed due to the facts that the demands of the accused were not met by the father of the deceased which is also evident from the evidence of all witnesses.