JUDGMENT (CAV)

This appeal is filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 31.12.2010, passed in Sessions Case No. 2 of 2005 by the learned Additional Sessions Judge, Veraval recording the acquittal.

2. Facts in brief are that on 29.10.2004, Anjuben – daughter of complainant – Bhaya Bhagwan Sevra committed suicide by jumping into the well with her minor daughter on account of physical and mental harassment from the respondents – accused, since it is alleged that accused No.1 – husband of deceased Anjuben was having illicit relationship with his sister in law and deceased has tried to stop him. The complainant lodged the FIR in question against the respondents for the offence punishable under Sections 498(A), 306 and 114 of the Indian Penal Code, 1860 (herein after referred to as “the IPC”).

2.1 Upon such FIR being filed, investigation started and the Investigating Officer recorded statements of the witnesses and produced certain documentary evidence and after completion of the investigation, Charge-sheet was filed against the accused for the offence in question. The case was committed to t