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2023 Supreme(Guj) 886

J. C. DOSHI
State Of Gujarat – Appellant
Versus
Shailesh Kalidas Mehta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms Jirga Jhaveri, Addl. Public Prosecutor
For the Respondent: Mr Tarak Damani

JUDGMENT :

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 30.3.2007 passed by the learned 2nd Additional Sessions Judge, Bhavnagar in Sessions Case No.224 of 2006, whereby the respondents accused came to be acquitted for the offences under sections 498(A), 306, 323, 114 of Indian Penal Code, the appellant – State has preferred present appeal under section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short).

2. Brief facts of the case leading to filing of the appeal are that as per the complaint, the complainant is belonging to Vaniya community and she is residing at village Budhel along with her husband and mother-in-law. That on 8.7.2006, while she was at her in-law’s house, her husband has beaten her and sent her back to her parental home. That day before the incident, the complainant was given kick and fist blows by her husband and was subjected to cruelty by her mother-in-law. Rekhaben – sister-in-law of the also abetted husband and mother-in-law of the complainant for ill-treating the deceased. Thus, all the accused persons in abetment of each other, have caused physical and mental torture to the complainant deceased and there

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