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2024 Supreme(Guj) 1814

HEMANT M. PRACHCHHAK
STATE OF GUJARAT – Appellant
Versus
NARESHBHAI SURSINH MINA (KALASWA) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JYOTI BHATT
For the Respondents: P.P. KASWALA, B.C. DAVE

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present appeal is filed by the appellant-State of Gujarat (original complainant) under Section 378 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) against the judgment and order of acquittal dated 01/05/2009 passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Himmatnagar camp at Idar (hereinafter referred to as “the trial court”) in Sessions Case No. 125 of 2008, whereby, the learned Trial Judge has acquitted the original accused respondent herein for the offence punishable under Sections 498A, 306 and 506(2) of the Indian Penal Code (for short “the IPC”).

2. The brief facts giving rise to the present appeal are as under:

    2.1 At about 16:30 hours, at Bhiloda Cottage Hospital Quarter, the respondent accused was causing mental and physical harassment to the deceased daughter of the informant Dr. Gloriyaben, who was aged about 37 years, since last 12 years and also by beating her very often and insulting her and the respondent accused subjected her to cruelty, thereby, induced her to commit suicide, and thereby, committed offences punishable under Sections 306 and 498(A) the Indian Penal Code. The respondent acc

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