KAMLESH PRABHUDAS TANNA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Assailing the legal acceptability of the judgment and order passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 531 of 2004 whereby the Division Bench of the High Court has given endorsement to the judgment passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Jamnagar in Sessions Case No. 158 of 2001 wherein the learned trial Judge had found the appellants guilty of the offences under Sections 304B, 306 and 498A read with Section 34 of the Indian Penal Code (for short "IPC") and Section 4 of the Dowry Prohibition Act, 1961 and imposed the sentence of rigorous imprisonment of seven years and a fine of Rs.1,000/- on the first score, five years rigorous imprisonment and a fine of Rs.1,000/- on the second score, eighteen months rigorous imprisonment and a fine of Rs.500/- on the third count and six months rigorous imprisonment and a fine of Rs.250/- on the fourth count with the default clause for the fine amount in respect of each of the offences. The learned trial Judge stipulated that all the sentences shall be concurrent.

(2.) Filtering the unnecessary details, the prosecution case, in brief, is that the marriage between the appellant No. 1 and deceased Sandhya, sister of the informant, PW-2, was solemnized on 24.9.1997. After the marriage the deceased stayed with her husband and the mother-in-law, the appellant No.2 herein, at the matrimonial home situate at Jamnagar in Patel Colony Sheri No. 1. In the wedlock, two children, one son and a daughter were born. On 11.9.2001, the informant, brother of the deceased, got a telephonic call from the accused No. 1 that his sister Sandhya had committed suicide. On receipt of the telephone call he travelled from Goa along with his friend, Sandil Kumar, PW-20, and at that juncture, the husband of Sandhya, Kamlesh, informed that the deceased was fed up with the constant ill-health of her children and the said frustration had led her to commit suicide by tying a 'dupatta' around her neck. The brother of the deceased did not believe the version of Kamlesh, and lodged an FIR alleging that the husband and the mother-in-law of the deceased, after the marriage, had been constantly asking for dowry of Rs.2 lacs from the father of the deceased, but as the said demand could not be satisfied due to the financial condition of the father, the husband and his mother started ill-treating her in the matrimonial home and being unable to tolerate the physical and mental torture she was compelled to commit suicide. Be it noted, as the death was unnatural, the police had sent the dead body for post mortem and the doctor conducting the autopsy opined that the death was due to suicide. After the criminal law was set in motion on the base of the FIR lodged by the brother, the investigating officer examined number of witnesses and after completing all the formalities laid the charge sheet under Sections 304B, 306 and 498A read with Section 34 IPC and under Section 4 of the Dowry Prohibition Act, 1961 before the competent Court, who, in turn, committed the matter to the Court of Session.

(3.) The accused persons denied the allegations and claimed to be tried. The prosecution, in order to establish the charges levelled against the accused persons, examined 22 witnesses and got marked number of documents. The defence chose not to adduce any evidence.