1. Feeling aggrieved by and dissatisfied with the
judgment and order of acquittal dated 21.04.2009 passed by
the learned Sessions Judge (Chief Court) Gandhinagar in
Sessions Case No.78 of 2008 for the offences punishable
under Sections 306, 498(A) and 114 of the Indian Penal
Code, 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 Dineshbhai
Shrimali lodged a complaint on 11.01.2008 stating that his
daughter Archana, who had married accused Gaurishankar
Pandya about twelve years earlier as per caste custom, was
NEUTRAL CITATION
R/CR.A/1266/2009 CAV JUDGMENT DATED: 11/03/2026
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continuously harassed by her husband and in-laws–Ratanben,
Manojbhai, and Pravinaben through taunts, dowry demands,
and mental and physical cruelty. Archana, who had two
children, had repeatedly informed her father and his sister
Bhanuben about the increasing harassment, the accused
demanding money for purchasing a house, and even beating
her, threatening her by saying “if you want to die, you die,
we will release him.” Despite the complainant persuading her
repeatedly to continue the marriage for the sake of the
children, the harassment intensified; she had once been
driven out, filed a maintenance case, and the complainant
had also paid Rs.50,000/- to respondents Dahyabhai and
Jagdishbhai to secure the release of his son-in-law in a
separate rape case. On 11.01.2008, the complainant received a
call from a relative informing him that Archana had
committed suicide by hanging. On reaching the matrimonial
home at Chandkheda, the complainant saw Archana dead,
therefore, the complaint was filed against the respondent/s-
accused.
