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2022 Supreme(Guj) 1758

ASHOKKUMAR C. JOSHI
STATE OF GUJARAT – Appellant
Versus
FATABHAI PASHABHAI RATHOD – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JIRGA JHAVERI.
For the Respondent: PATHIK M. ACHARYA.

JUDGMENT :

ASHOKKUMAR C. JOSHI, 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 31.07.2008, passed in Sessions Case No. 135 of 2007 by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No. 3, Anand, recording the acquittal.

2. Facts in brief are that on 07.09.2007, Vimalaben, wife of complainant-Budhabhai Jenabhai Rathod committed suicide by consuming poision on account of continuous harassment and pressure from the respondent-accused to her for keeping illicit relation with him. That, earlier also the complainant had given an application to that effect before the Borsad Police Station, however, the respondent-accused continued such pressure tactics and gave threats, which led the deceased to commit suicide for which, a complainant lodged the FIR in question against the respondent for the offence punishable under Sections 306 and 506(2) of the Indian Penal Code, 1860 (herein after referred to as “the IPC”).

2.1 Upon such FIR being filed, investigation started and the Investigating Officer recorded statements of as many as 14 witnesses and produced certa

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