JUDGMENT :

Rajendra M. Sareen, J.

1. Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Section 378 of the Criminal Procedure Code, 1973 against the judgment and order dated 16/09/1999 passed by the learned Additional Sessions Judge, Surat in Sessions Case No.49 of 1992 acquitting the respondent Nos.1 to 3 - original accused Nos.1 to 3 from the offence punishable under sections 498A, 306, 304B and 114 of Indian Penal Code.

2. Facts of the case, in brief, are as under:- The marriage of the deceased was solemnized with the respondent No.2 on 15/02/1990 as per the customs and in accordance with the wish and will of the family members and after the marriage, the deceased started residing at her matrimonial home. The deceased was having good married life till her death. As per the case of the prosecution, the respondents were physically and mentally harassing the deceased and were demanding dowry of Rs.50,000/- for purchasing new house where the deceased and her husband - respondent No.2 can reside separately and due to the physical and mental harassment and demand of dowry, the deceased committed suicide on 23/01/1992. As such, the complaint was filed by the father of the deceased against the respondents for the offence under sections 306, 498A and 114 of Indian Penal Code and thereafter, offence under section 304 was added.

3. On the basis of the said complaint, investigation was started, statement of witnesses were recorded, inquest panchnama was carried out, panchnama of scene of offence was carried out, postmortem report was obtained and after through investigation, as there was sufficient evidence against the respondents - accused persons, Chargesheet was filed before the learned Judicial Magistrate, First Class.

As the offence committed by the accused persons was exclusively triable by the Court of Sessions as per the provisions of Section 209 of Criminal Procedure Code, the learned Judge was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial in the court of learned Additional Sessions Judge, which has been numbered as Sessions Case No.49 of 1992. Thereafter, Charge was framed against the accused for the offence punishable under sections 306, 498A, 304 and 114 of Indian Penal Code. The accused persons pleaded not guilty to the Charges and claimed to be tried. The prosecution, therefore, laid evidence, oral as well as documentary. After the evidence was over, Further Statement of the respondents - accused were recorded under section 313 of the Code of Criminal Procedure and arguments were heard. At the conclusion of the trial, the learned Additional Sessions Judge was pleased to acquit the accused Nos.1 to 3 for the charges levelled against them.

Hence, the appellant - State of Gujarat has preferred the present Criminal Appeal challenging the judgement and order of acquittal. It is pertinent to note that the respondent Nos.1 and 2 - original accused Nos.1 and 2 have expired during the pendency of the present appeal and hence present appeal stood abated qua respondent Nos.1 and 2 and the present appeal is required to be considered qua respondent No.3 - original accused No.3 only.

4. Heard Ms.C.M. Shah, learned APP for the State and Mr.Arjunsingh B. Chauhan, learned advocate for the respondent No.3.

5. Ms.C.M. Shah, learned APP for the appellant State has vehemently argued that the Sessions Judge has wrongly acquitted the accused of the offences for which they were charged and the acquittal order is against the law and evidence on record. There is no proper appreciation of evidence done by the trial court. The witness mainly parents of the deceased have supported the case of the prosecution. Demand of Rs.50,000/- by the respondents has been duly proved from the evidence of the witness No.2 Hansaben, who is mother of the deceased, to whom the fact of demand was told by the deceased. It is also submitted that the medical evidence, which has also suppo