STATE OF GUJARAT Vs. BALDEVBHAI MELABHAI MAKWANA

JUDGEMENT

(1.) The State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 07.09.2007 rendered by the learned Additional Sessions Judge, Fast Track Court No.2, Nadiad in Sessions Case No.40 of 2007, whereby the present respondents-original accused were acquitted for the offence punishable under Sections 306, 498(A) read with Section 114 of the Indian Penal Code and also under Sections 3 and 4 of the Dowry Prohibition Act.

(2.) The case of the prosecution is that the daughter of the complainant namely Nita has been married with accused - Baldevbhai Melabhai Makwana in the year 2001 as per Hindu rituals and after marriage, the deceased - Nita was residing with her in-laws. In the beginning marriage life of the deceased was happy, but thereafter, she was beaten and subjected to cruelty by the respondents on the ground of household work and out of the said wedlock, the deceased has given birth to two children namely Mahesh and Kalu. That prior to eight months from the date of incident, deceased came to her parental home and informed the complainant that her husband and in-laws are giving ill-treatment and demanding Rs.3,000/-. At the relevant time, the complainant was not having Rs.3,000/-, but he managed for Rs.2,000/- and sent her back to her maternal home. On 16.02.2006, the complainant received telephone that decased was beaten by the respondents-accused and they have caused fracture and thereafter, she was taken back to the complainant's house and given treatment by doctor. Thereafter, on 17.02.2006, though the deceased was beaten by the respondent-accused, none of the respondents has taken care about her health and due to ill-treatment and harassment caused to the deceased by the respondents, she committed suicide on 26.09.2006 by pouring kerosene over her person and set on fire. On these facts, a complaint was filed by the complainant with Kheda Town Police Station. The police after investigation charge sheeted the accused for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) Thereafter, after filing closing purshis by the prosecution, further statements of accused person under Section 313 of the Code of Criminal Procedure, 1973 were recorded. The accused persons have denied the case of the prosecution and submitted that a false case is filed against them.