STATE OF GUJARAT Vs. RAJESHBHAI MAHESHKUMAR PATHAK

JUDGEMENT

(1.) INSTANT criminal appeal is preferred under Section 378 of the Criminal Procedure Code by the State of Gujarat against the judgment and order delivered by the learned Additional Sessions Judge, Court No. 20, Ahmedabad city on 29. 01. 2009 in Sessions Case No. 238 of 2006 whereby the present respondents being accused of the said Session Case came to be acquitted by the trial Court for the offences punishable under Section 306, 498-A and 114 of the Indian Penal Code as well as under Sections 3 and 7 of the Dowry Prohibition Act.

(2.) IN the above criminal appeal leave to appeal is granted vide order dated 04. 11. 2009. Appeal is admitted and the matter is heard finally. We have called for Record and Proceedings from the trial Court which is available to us.

(3.) AS per the brief facts of the case, the complaint of the incident came to be filed by Shivaji Ranchhodji Bhil stating that her daughter Daadamben had married to accused No. 1 Rajesh Maheshkumar Pathak before three years of the incident. It was alleged that accused No. 2 mother of accused No. 1 and accused husband of Daadamben were executing physical as well as mental cruelty to Daadamben in routine household matters and Daadamben was forced to bring iron-press from her parents. Daadamben was pregnant by seven months and a celebration, as per the custom, was to be held and on account of this, some routine exchange of words took place between Daadamben and accused No. 2. Consequently, on 14. 10. 2005 Daadamben poured kerosene over her at about 15. 30 hours in-laws house and ignited herself and died.