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2024 Supreme(Guj) 1963

HEMANT M. PRACHCHHAK
STATE OF GUJARAT – Appellant
Versus
RAMESH RAMJI KOLI – Respondent


Advocates:
Advocate Appeared:
For the Appellant : JYOTI BHATT
For the Respondent: AKSHITABA SOLANKI

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present appeal is filed by the appellant-State of Gujarat under Section 378(4) of the Code of Criminal Procedure, 1973 against the impugned judgment and order of acquittal dated 29.09.2007 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Kachchh at Gandhidham (hereinafter referred to as “the Trial Court”) in Special Case No. 12 of 2006, whereby, the Trial Court has acquitted the original accused respondents herein for the offence punishable under Section 498(A), 114 and 306 of the Indian Penal Code (hereinafter be referred to as “the IPC”).

2. Brief facts of the present case, in nutshell, are as under:

    2.1 It is alleged that the marriage of Rudiben daughter of the complainant was solemnized with accused No. 1 as per their rituals and Rudiben and accused No. 1 were residing at Village: Aadhoi Kakariya and she was pregnant. It is also alleged that within a period of one year and three months of the marriage, Rudiben came at her parental home many times and informed the complainant that accused No. 3 instigated accused No. 1, who treated Rudiben with mental and physical cruelty for household work and in turn all the accused

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