1. Feeling aggrieved by and dissatisfied with the
judgment and order of acquittal dated 30.01.2008, passed by
the learned Sessions Judge, Bharuch, in Sessions Case No.176
of 1993, for the offences punishable under Sections 498(A),
306 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 Sessions Court, in a nutshell, is that on
03.09.1992, before 12:30 hours, the grand-son of the
complainant viz., Hitesh Upendrabhai has told that there was
a telephone call from Bharuch to his uncle Chandrakant
NEUTRAL CITATION
R/CR.A/1635/2008 CAV JUDGMENT DATED: 18/03/2026
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requesting to come to Bharuch immediately, as Ranjanben is
serious. Therefore, since he was not well, he sent his wife
and his elder son viz., Upendrabhai; and that after reaching
Bharuch, they have conveyed on telephone that Ranjanben
has expired; and that the said message was conveyed by
Hitesh to him on 04.09.1992 at about 9:00 a.m., after
reaching at Virpur; and that therefore, the complaint was
filed, against the respondent/s-accused, on the ground that
the accused persons were harassing the deceased mentally
and physically, taunting for the household chores and
demanding dowry, therefore, the deceased had poured
kerosene on herself along with her minor daughter – Pooja,
who was aged about 9 months, as there were frequent
quarrels between the deceased and the accused for the dowry
as well as for the household chores.