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S. H. VORA, RAJENDRA M. SAREEN
State Of Gujarat – Appellant
Versus
Samuben Wd/O Bhoghabhai – Respondent
JUDGMENT :
RAJENDRA M. SAREEN, J.
1. This appeal is filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 07.02.1995, passed in Sessions Case No. 118 of 1993 by the learned Additional City Sessions Judge, Court No.16, Ahmedabad, recording the acquittal.
2. It is reported that respondent Nos. 1 and 3 have already expired and therefore, appeal is abated against respondent Nos. 1 and 3. Therefore, appeal is heard only qua respondent No.2.
3. Facts in brief are that marriage of deceased Madhuben was solemnized with Jethabhai – respondent No.3 herein before one year of the incident. It was Madhuben’s second marriage. Before this marriage, Madhuben was married in Surendranagar but since her first husband was mentally unfit, she has taken divorce from him. Her husband – Jethabhai has also married previously. However, his wife has expired and therefore, he married to Madhuben. Jethabhai was having three children from his first marriage. After their marriage, Jethabhai and Madhuben were residing with these three children and mother of Jethabhai. Jethabhai was having two brothers, one was residing in the same house
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