STATE OF GUJARAT vs PUSPABEN BHAGAVANJI KADIYA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Guj) 1244

S. H. VORA, RAJENDRA M. SAREEN
STATE OF GUJARAT – Appellant
Versus
PUSPABEN BHAGAVANJI KADIYA – Respondent

Advocates:
Advocate Appeared:
For the Appellant : C.M. SHAH.
For the Respondent: GHANSHYAM AMIN

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 14.06.1996 passed by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No. 287 of 1992 acquitting the respondent-original accused from the offence punishable under sections 304B and 498A of Indian Penal Code.

2. The crux of the case of the prosecution is as under:

The accused is mother-in-law of the daughter of the complainant-Alkaben. The marriage of the daughter of the complainant was performed with the son of the accused-Pradipkumar on 18.1.1991. After the marriage, Alkaben was residing at her matrimonial home. There was demand of dowry from the respondent accused but the parents of Alkaben was not able to satisfy the demand of money made by the respondent accused, and hence, there was constant physical and mental harassment to the Alkaben by the accused, as a result of which Alkaben consumed poisonous substance on 13.1.1992 and hence she was shifted to V.S. Hospital, Ahmedabad where she died on 13.1.1992 and hence the complaint for the aforesaid offence came to be