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2021 Supreme(Guj) 662

ASHOKKUMAR C.JOSHI
STATE OF GUJARAT – Appellant
Versus
NARANBHAI HADABHAI KARANGIYA AAHER – Respondent


Advocates Appeared:
For The Appellant : MS MONALI BHATT, APP.
For The Respondent: HCLS COMMITTEE, MS. BHAVNA D ACHARYA

JUDGMENT :

1. Present appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (herein after referred to as “the Code”) challenging the judgment and order dated 30.04.2007, passed in Sessions Case No. 131 of 2006 by the learned Additional Sessions Judge, Fast Track Court No. 4, Jamnagar, recording the acquittal.

2. The facts, in brief, are that on 05.10.2006, complainant – Lakhabhai Ramdebhai Chavda lodged a complaint before the Lalpur Police Station, District: Jamnagar against the respondent for the offences punishable under Sections 498-A, 323 and 306 of the Indian Penal Code, 1860 (herein after referred to as “the IPC”) stating therein that marriage of his deceased sister Valiben and the respondent herein was solemnized in the year 1995 and out of the wedlock, they had a boy child. That, initially, for one year, their marriage life went good. They were residing in a joint family. However, thereafter, her brothers-in-law and sisters-in-law (Jeth – Jethani) as well as her husband all started giving physical and mental torture and taunting her. In 1998, deceased had also registered a police complaint for the offence punishable und

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