JUDGEMENT
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(1.)THIS appeal is directed against the judgment and order dated 12th May, 1997 passed by the learned Additional
Sessions Judge, Palanpur in Sessions Case No.140/1995
whereby he has acquitted the accused of the offences
punishable under sections 498-A and 306 read with section
114 of the Indian Penal Code.
(2.)THE prosecution case is that the first informant Jorabhai Madhabhai Desai lodged a first information report vide
Deesa (Rural) Police Station I-C.R. No.17/1995 alleging that on
the said day, he was present at his home in his village when in
the afternoon at about 2 o'clock Rabari Ishwarbhai Lebabhai
from Aaseda came to his house and informed him that his
niece (brother's daughter) Jabuben, daughter of Kurshibhai
Madhabhai had fallen into a well at Aaseda village and expired
and that he had witnessed the same. Upon his saying so, since
his brother Kurshibhai was at that time at Navsari and was not
present, he and his cousins, Dana Sava, Vasi Prabha and
Ghuda Madha etc. informed other persons of their village and
together they went to Aaseda village to the place of Rabari
Raja Jeha with whom Bai Jabu had been married. There,
Jabuben was found to be lying in a dead condition at his house
which he and the persons accompanying him had seen. Upon
asking her in-laws regarding the death of Jabu, they did not
give any proper reply. It is alleged that Jabuben had been
married since the last fifteen years to Rabari Raja Jora as per
the Hindu rites and rituals and she did not have any children.
Bai Jabu was approximately thirty two years old and she and
her husband were residing separately. Since Jabu did not have
any children, her husband Raja Jora, his brother Pira Jora, her
father-in-law Jora Bhathi and uncle-in-law Ishwar Madha, all
four, time and again used to taunt Jabu that she was not able
to bear any children and used to harass her and earlier also,
Jabu was beaten up hence, she had returned to her parental
home two years prior thereto and the persons from their
community had gathered together and advised them and
settled the matter and Jabuben was sent to her matrimonial
home after which she was residing at her matrimonial home.
However, the harassment as well as beating at the hands of
her above-referred in-laws continued which news was received
by them, however, they had not gone to fetch Jabuben and in
the morning at about 10 o'clock Jabuben had expired. It is
alleged that on account of the harassment caused to her by
the above referred persons, Jabuben jumped into a well and
lost her life. Accordingly, it is alleged that the accused have
committed the offence referred to hereinabove.
Pursuant to the lodging of the above referred first information report, investigation came to be carried out and
charge-sheet came to be submitted in the court of the learned
Judicial Magistrate First Class, Deesa who committed the same
to the Court of Sessions, Banaskantha, Palanpur where the
same came to be registered as Sessions Case No.140/1995.
(3.)DURING the course of trial, the prosecution examined, in all, nine witnesses and produced certain
documentary evidence on record. The learned Additional
Sessions Judge, after appreciating the evidence on record,
found that the prosecution had not established the charges
levelled against the accused beyond reasonable doubt and
acquitted them.
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