Headnote
AI-drafted · Reviewed and approved
The State of Gujarat filed this criminal appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order of acquittal dated 05/11/2007 passed by the Additional Sessions Judge and Presiding Officer, Fast Track Court, Dahod in Sessions Case No. 42 of 2009, whereby the respondent-accused was acquitted of offences punishable under Sections 498-A and 306 of the Indian Penal Code.
The case arose out of the death of Champaben, daughter of the complainant, whose body was found in a panchayat well in village Dadur on 04/12/2008. The complainant alleged that the respondent-accused, her husband, subjected her to cruelty and mental harassment on account of her inability to conceive a child, and threatened to solemnize a second marriage, which drove her to commit suicide by jumping into the well.
The prosecution examined eight witnesses and produced documentary evidence including the FIR, Inquest Panchnama, Post-mortem note, and Panchnama of the place of offence. The trial court, after appreciating the evidence, acquitted the accused. The High Court undertook a re-examination of the evidence and the findings of the trial court in this appeal.
Catchwords:
cruelty · abetment of suicide · acquittal appeal · dowry harassment · inability to conceive · Section 498-A IPC · Section 306 IPC · appreciation of evidence · state appeal · Fast Track Court
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