IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL No 781 of 1996
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STATE OF GUJARAT
Versus
MAVJIBHAI HAMIRBHAI
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Appearance:
PUBLIC PROSECUTOR for Petitioner
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CORAM : MR.JUSTICE N.J.PANDYA and
MR.JUSTICE H.L.GOKHALE
Date of Order: 10/02/97
ORAL ORDER
We have gone through the record and proceedings
and the learned APP, Mr S.R.Divetia, took us through the
judgment and some of the depositions also. Mother of the
deceased – Savitaben has given the complaint.
Mother-Maniben has stated in her examination-in-chief
itself as PW 2 that initially there was some strife
between accused no.1 husband and deceased-Savitaben but,
on persuasion peace was brought about and thereafter
there were good relations between the two. Sometime
before the date of the incident accused no.2 came back
from Bombay and according to the prosecution case again
relations between the deceased and accused no.1 had
worsened. That alone, in our opinion, could not be
enough to come to the conclusion about offence under
section 498A. So far the case under section 302 is
concerned, there is hardly and evidence except by raising
suspicion and that too on account of alleged illicit
relations betwen accused no.2 and deceased. Under the
circumstances, the view taken by the trial Court and the
finding leading to the acquittal of accused no.1 cannot
be said to be erroneous. The appeal is therefore
rejected.
10.2.1997(N.J. Pandya, J.)
(H.L. Gokhale, J.)