CR.A/91/2014

Judgment text excerpt

NEUTRAL CITATION R/CR.A/91/2014 JUDGMENT DATED: 11/06/2026 2026:GUJHC:36190 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL (AGAINST ACQUITTAL) NO. 91 of 2014 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/- ========================================================== Approved for Reporting Yes No No ========================================================== STATE OF GUJARAT Versus KANABHAI VIRSANGBHAI OAD ========================================================== Appearance: MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Appellant(s) No. 1 MR ANKIT Y BACHANI(5424) for the Opponent(s)/Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 11/06/2026 JUDGMENT 1. The appellant has preferred this appeal under Section 378 (1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order dated 28.10.2013 passed by the learned 3rd Additional Sessions Court, Deesa, (hereinafter be referred to as “the trial Court”) in Exh.45 in Session Case No. 104 of 2012 whereby the trial Court has acquitted the respondent accused from the offence punishable under Sections 306, 498-A and 323 of the Indian Penal Code (hereinafter be referred to as the “IPC”). 2. Short facts of the prosecution case are that the respondent-accused was the husband of the deceased and they were residing together with their son and daughter. It is alleged that the accused was in the habit of subjecting the Page 1 of 20 Uploaded by () on Downloaded on : Tue Jun 30 23:00:40 IST 2026 NEUTRAL CITATION R/CR.A/91/2014 JUDGMENT DATED: 11/06/2026 2026:GUJHC:36190 deceased to physical and mental cruelty and frequently assaulting her. 2.1 On 24.07.2012, the complainant lodged a complaint s