State Of Gujarat vs Parvatbhai Navalsinh Rathod

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 1988

HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Parvatbhai Navalsinh Rathod – Respondent

Advocates Appeared:
For the Appellant : Ms Megha Chittaliya, Addl. Public Prosecutor.
For the Respondent: Mr. Maulik M. Soni.

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 05/11/2007 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Dahod (hereinafter referred to as “the trial court”) in Sessions Case No.42 of 2009, whereby, the learned Trial Judge has acquitted the original accused respondent herein for the offence punishable under Sections 498(A) and 306 of the Indian Penal Code (for short “the IPC”).

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

2.1 On 21/12/2008, the complainant namely, Shakarabhai Madubhai Sangod, resident of Amlimenpur, Ta.Dhanpur had dictated the facts of the complaint before PSI, Garbada that he has four daughters and one son. Out of them, marriage of his daughter namely, Champaben was done before around four years with Pavansinh Navalsinh Rathod of village Dadur. On 01/12/2008, younger brother of husband of his daughter namely, Kanubhai Navalsinh and Mandor Rameshbhai Badubhai from village Dadur came to his house