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2023 Supreme(Guj) 228

VIPUL M. PANCHOLI, HEMANT M. PRACHCHHAK
State of Gujarat – Appellant
Versus
Manguben Jagjivandas Dhobi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Chintan Dave, APP
For the Respondent: Mr Nilesh I Jani

JUDGMENT :

Vipul M. Pancholi, J.

1. The present appeal has been filed by the appellant – State under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the judgment and order dated 27.12.1996 rendered by learned Additional Sessions Judge, Mehsana in Sessions Case No.157 of 1996, whereby, the learned Additional Sessions Judge has acquitted the respondents accused from the charges levelled against them for the offence punishable under Sections 302, 498A, 114 and 34 of the Indian Penal Code.

2. The brief allegations of the prosecution against the respondents – accused, as per charge, are as under:

2.1. That the deceased Gitaben had married to Pankajkumar, the son of the accused No.1 three years prior to the incident and thus, the accused No.1 was mother-in-law of the deceased, the accused No.2 was brother-in-law of the deceased and the accused No.3 was sister-in-law of the deceased. Prior to the incident, the accused persons used to taunt and torture deceased Gitaben mentally and physically regarding household chores and thereby, the accused persons have committed an offence punishable under section 498(A) of Indian Penal Code.

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