JUDGMENT :

SANJEEV J.THAKER, J.

1. Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dated 28.12.2011, passed by the learned 9th Additional Sessions Judge, Vadodara, in Sessions Case No.76/2011, for the offences punishable under Sections 498(A), 306, 504, 114 of the IPC, the appellant – State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 (for short, “the Code”).

2. The prosecution case as unfolded during the trial before the trial Court is that the complainant got married to Accused No.1 on 22.02.2002, and out of the said wedlock, two daughters and one son were born. It is alleged that Accused No.1, along with Accused No.2 (mother-in-law), subjected the deceased to continuous physical and mental harassment on trivial domestic issues. The deceased was allegedly taunted and ill-treated, and at one point, the mother-in-law even stated that even if the deceased poured kerosene on herself, they would not be concerned. Due to such persistent harassment, the deceased, being unable to bear the same, committed suicide by pouring kerosene on herself and setting herself ablaze. Therefore, the complaint was filed against the respondent/s-accused.

3. After investigation, sufficient prima facie evidence was found against the accused person/s and therefore charge- sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court where it came to be registered as Sessions Case No.76/2011. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.

4. In order to bring home the charge, the prosecution has examined 15 witnesses and 20 documentary evidences before the trial Court, which are described in the impugned judgment are as under;

Evidences