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2022 Supreme(Guj) 1826

S. H. VORA, RAJENDRA M. SAREEN
State of Gujarat – Appellant
Versus
Modi Kanaiyalal Mulchanddas – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Mr B A Surti

JUDGMENT :

Rajendra M. Sareen, J.

1. Present appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 19.09.1994, passed in Sessions Case No. 168 of 1991 by the learned Additional Sessions Judge, Mahesana, recording the acquittal.

2. Brief facts are that complainant – Kamalaben wife of Rasiklal Ambalal (hereinafter shall be referred to as the complainant) lodged the complaint stating that she is residing at Ahmedabad with her family and she has four children, out of which, marriage of her elder daughter - Saroj was performed on 3/2/1991 as per their rites and rituals with Girishkumar Kanaiyalal Modi – respondent No.3 herein. After the marriage, Saroj had gone to her matrimonial house and stayed there for 25 days and thereafter she came back to her parental house. After coming to her parental house, deceased informed the complainant that she will not go to her matrimonial house, since her mother-in-law Taraben, father-in- law Kanaiyalal and sister-in-law Manishaben, all three were taunting her time and again about sufficient dowry not given by her parents. She further informed the complainant

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