STATE OF GUJARAT Vs. HANSABEN AMRUTBHAI RAJABHAI PARMAR

JUDGEMENT

(1.) The appellant - State of Gujarat has preferred the present appeal under Section 378(1)(3) of the Code of Criminal Procedure against judgment and order dated 07.11.2008 passed by learned Additional Sessions Judge, 4th Fast Track Court, Himmatnagar, Camp-Idar in Sessions Case No. 133 of 2005, acquitting the respondents accused for the offence punishable Sections 306 and 114 of the Indian Penal Code.

(2.) The case of the prosecution in short is that on 14.09.2004, the deceased had gone to take back his wife - accused No.1 at parental home, however she refused to come back to the matrimonial home and preferred to stay with her paramour. Even she and her paramour, her parents and brother insulted and taunted the deceased, due to which, the deceased feeling bad, committed suicide by consuming poison and died. Thereby, the respondents accused committed an offence punishable under Sections 306 and 114 of the Indian Penal Code.

(3.) After registration of complaint, investigation was carried out and charge-sheet came to be filed against the accused in the Court of learned Magistrate. As the case was triable by learned Sessions Court, the same was committed to the Court of learned Sessions Judge. Thereafter, the charge came to be framed and explained to the accused, to which the accused pleaded not guilty and claimed to be tried.