1. The challenge in this appeal is directed against the judgment and order dated 06.06.1996, rendered by the learned 4th Extra Assistant Judge, Rajkot, in Sessions Case No.293 of 1993, whereby the respondent- accused has been acquitted of the charges under Sections 498A and 306 of the Indian Penal Code.

2. Briefly stated, the case of the prosecution is as follows:

2.1 The complainant, Umarbhai Nanubhai, filed a complaint on 11.05.1993, before the ‘B’ Division Police Station, Rajkot, which was registered as I- C.R.No.186 of 1993, to the effect that his daughter Nasimbanu was married to the respondent about 7 years before the incident that took place on 06.05.1993. After her marriage, Nasimbanu and the respondent started to live separately from the joint family at Nava Thorala. The respondent used to frequently harass and beat Nasimbanu, who was fed up with this behaviour of the respondent. Nasimbanu used to go to the house of the complainant frequently. With the persuasion of the elders of society, she was sent back to her husband’s house. According to the complainant, the respondent did not do any work and the mother of the respondent used to provide grains and other necessities to the deceased. There was no change in the behaviour of the respondent. The respondent was in the habit of consuming liquor, and under its influence he used to inflict physical and mental torture upon Nasimbanu. He also threatened and taunted her by telling her to go away and die, so that he could marry another woman who would bring sufficient money and dowry. As per the complaint Nasimbanu, fed up with the harassment by the respondent, came to the house of the complainant and told him that the respondent is inflicting great torture upon her. She then said that she would like to go to the house of her mother-in- law, and left the house of the complainant at about 9:00 AM, with her son Mohsin, aged about 6 years. When Nasimbanu did not return the whole day and even at night, the complainant searched for her in the houses of relatives and friends, but the whereabouts of his daughter and her son could not be found. Late at night, the complainant was informed that the dead bodies of a woman and child had been found from the Aaji Dam. The complainant went to the mortuary of the Government Hospital and saw that the dead bodies were those of Nasimbanu and her son Mohsin. The complainant then gave a statement to the Superintendent of Police.

2.2 It is the specific case of the prosecution, based upon the complaint, that Nasimbanu committed suicide with her son Mohsin, due to the physical and mental torture meted out to her by the respondent. Upon registration of the complaint, the investigative machinery was set into motion. The statements of witnesses were recorded and an inquest was held on the dead bodies, which were sent for autopsy. A Panchnama of the scene of offence was prepared. At the end of the investigation, as sufficient incriminating material was found against the respondent, he came to be charge-sheeted before the learned Chief Judicial Magistrate, Rajkot. As the offence under Section 306 of the Indian Penal Code is exclusively triable by the Court of Sessions, the learned Magistrate committed the same to the Sessions Court (hereinafter referred to as “the Trial Court”) where it was registered as Sessions Case No.293 of 1993. The Trial Court framed the charge against the accused at Exh.1, which was read over and explained to the accused, who pleaded innocence and claimed to be tried.

3. Accordingly, the case was put to trial. In order to bring home the guilt of the accused, the prosecution examined as many as 12 witnesses and produced voluminous documentary evidence. No defence witnesses were examined. After recording the evidence of the prosecution witness, the Trial Court explained to the accused the statements appearing against him in the evidence of prosecution witnesses and recorded his statement under Section 313 of the Code of Crimin