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2005 Supreme(Guj) 820

A.M.KAPADIA, S.R.BRAHMBHATT
STATE – Appellant
Versus
BHARATBHAI BALUBHAI LAD – Respondent


Advocates Appeared: J.B.PARDIWALA, N.D.GOHIL

A. M. KAPADIA, J.

( 1 ) THE acquittal of the respondents (accused for short) of the offences punishable under Sections 306, 498-A, 323, 504 and 114 of the Indian Penal code (ipc for short) recorded by the learned Additional Sessions Judge, Fast track Court, Navsari, vide judgment and order dated 6. 11. 2003 rendered in sessions Case No. 19 of 2003, is the subject matter of challenge in instant appeal, which is filed under Section 378 of the Code of Criminal Procedure (the Code for short) by the appellant - State of Gujarat.

( 2 ) THE prosecution case as reflected from FIR and unfolded during trial was that on 23. 1. 2003, Vinodbhai Ranchhodbhai Mistry, PW-1, lodged a First information Report at Navsari Rural Police Station against the accused for the commission of offences punishable under Sections 306, 498-A, 323, 504 and 114 of the IPC. Vinodbhai Ranchhodbhai Mistry happens to be the brother-in-law of deceased Jaynaben. As per the narration given in the FIR by him, deceased jaynaben was married to accused No. 1 at village Rumla on 19. 5. 2002 as per the hindu Rites and Customs and since then, she and accused No. 1 were residing at rumla. Along with deceased Jaynaben and accused N
























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