STATE OF GUJARAT Vs. NAYANBHAI INDUPRASAD SHELAT

JUDGEMENT

(1.) The State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 12.09.2008 rendered by the learned Additional Sessions Judge, Fast Track Court No.2, Ahmedabad in Sessions Case No.304 of 2000, 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 4 and 5 of the Dowry Prohibition Act.

(2.) The case of the prosecution is that the marriage of deceased Jyotikaben had taken place for about 10 years prior to the date of incident and that all the accused persons were giving mental and physical harassment to the deceased and as it was beyond her control, she committed suicide on 09.09.1999 by pouring kerosene on her body and set on fire and ultimately, she died while taking treatment. On these facts, a complaint was filed by the complainant with Maninagar 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.) After filing closing purshis by the prosecution, further statement of accused persons 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.