ASHOKKUMAR C. JOSHI
STATE OF GUJARAT – Appellant
Versus
SALMABIBI W/O IBRAHIMBHAI ABDULKARIM MADHUPURVALA CHHIPA – Respondent
JUDGMENT :
1. Present appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 29.06.2007, passed in Sessions Case No. 289 of 2005 by the learned Additional Sessions Judge, Fast Track Court No. 4, Ahmedabad City, recording the acquittal.
2. The facts, in brief, are that marriage of deceased complainant had been solemnized with the son of the respondent No. 1 herein – original accused No. 1 and brother of the respondent No. 2 herein – original accused No. 2 prior to about six years of the incident in question as per the rites and rituals of their caste and were residing in the joint family. It was the case of the prosecution that after the marriage, the respondents, so often, used to harass the deceased physically and mentally saying that she used to go out with someone else and also taunting. Being fed up, the deceased, eventually, committed suicide on 27.12.2004 at about 15:45 hours at her matrimonial home by pouring kerosene on her body and setting her ablaze. Thus, the respondents committed the offence punishable under Sections 498A, 306 r/w. Section 114 of the Indian Penal Code, 1860 (h
Homeopathy Charitable Trust vs. State of Maharashtra reported in 2000 (9) SCC 319
Balak Ram v. State of U.P (1975) 3 SCC 219
Shambhoo Missir v. State of Bihar (1990) 4 SCC 17
Shailendra Pratap v. State of U.P (2003) 1 SCC 761
Narendra Singh v. State of M.P (2004) 10 SCC 699
Budh Singh v. State of U.P (2006) 9 SCC 731
State of U.P. v. Ram Veer Singh (2007) 13 SCC 102
S. Rama Krishna v. S. Rami Reddy (2008) 5 SCC 535
Arulvelu v. State (2009) 10 SCC 206
Perla Somasekhara Reddy v. State of A.P (2009) 16 SCC 98
Ram Singh v. State of H.P (2010) 2 SCC 445
Tulsiram Kanu v. State AIR 1954 SC 1
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Khedu Mohton v. State of Bihar (1970) 2 SCC 450
Sambasivan v. State of Kerala (1998) 5 SCC 412
Bhagwan Singh v. State of M.P (2002) 4 SCC 85
State of Goa v. Sanjay Thakran (2007) 3 SCC 755
Chandrappa v. State of Karnataka (2007) 4 SCC 415
Ghurey Lal v. State of U.P (2008) 10 SCC 450
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Rajinder Kumar Kindra v. Delhi Admn (1984) 4 SCC 635
Gaya Din v. Hanuman Prasad (2001) 1 SCC 501
Aruvelu v. State (2009) 10 SCC 206
Gamini Bala Koteswara Rao v. State of A.P (2009) 10 SCC 636
Kuldeep Singh v. Commissioner of Police (1999) 2 SCC 10
Vijay Mohan Singh v. State of Karnataka
Ramesh Babulal Doshi v. State of Gujarat (1996) 9 SCC 225
K. Ramakrishnan Unnithan v. State of Kerala (1999) 3 SCC 309
Atley v. State of U.P. AIR 1955 SC 807
Surajpal Singh v. State AIR 1952 SC 52
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