LAWS(GJH)-1990-6-16

DIPABHAI MOHANBHAI PARMAR Vs. STATE OF GUJARAT

Decided On June 19, 1990
Dipabhai Mohanbhai Parmar Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order dated 8th December 1987 passed by the Additional Sessions Judge, Nadiad in Sessions Case No. 163/87 convicting the appellant for the offences punishable under Sections 306 & 498A of the Indian Penal Code and sentencing him to suffer R.I. for five years and to pay fine of Rs. 500/-, in default, to suffer R.I. for two years for the offence punishable under Section 306 of the Indian Penal Code and to R.I. for six months and fine of Rs. 100/-, in default, R.I. for two months for the offence under Section 498A of the Indian Penal Code, the accused has filed this appeal. The learned Judge has ordered that both the substantive sentences shall run concurrently.

(2.) It is the prosecution version that the deceased Lilaben, daughter of Kalabhai Raymalbhai, had married the accused - appellant before 10 or 12 years. The relations between the accused and deceased Lilaben were strained. They were quarrelling and the accused was beating Lilaben as Lilaben was telling the accused not to keep illicit relations with one woman named Harkhaben. On. 19-4-87 at about 9 p.m. Bai Lilaben committed suicide in the house of her husband by pouring kerosene on herself because of mental and physical cruelty to her by the accused at the relevant lime. The accused was in his house. Witness Jasiben, who is the cousin-sister of Lilaben, rushed to the house of Lilaben. Information was sent at the house of the parents of the deceased. Parents of the deceased and her brother Himatbhai went to village Valinath, Taluka Thasra, District Kaira at the house of the accused. They reached there at about 11-30 p.m. They saw that Bai Lila had expired because of burns. There was smell of kerosene. Himatbhai Ravjibhai, brother of the deceased, went at Thasra Police station for giving information. That information is produced at Ex.9. It is the say of the Divisional Police Officer, Anand, that on receipt of the information, he sent P.S.I. Vaghela for investigation as he was busy with the work of maintaining communal harmony. He had also recorded some statements on 20th April 1987, P.S.I. Vishwanath Vaghela went for investigation on 20th April 1987. Inquest panchnama Ex.12 was prepared. Panchnama of the scene of offence Ex. 13 was also prepared. Thereafter the dead body was sent for post-mortem examination. He forwarded the investigation papers to Divisional Police Officer, Anand. Thereafter on 22nd April 1987 he recorded the complaint of Kalabhai Raymalbhai Parmar, the father of the deceased. The said F.I.R. is produced on record at Ex.7. He thereafter carried out the further investigation and submitted this charge-sheet before the Judicial Magistrate, First Class, Dakor who in turn committed the accused before the Sessions Court, Kaira.

(3.) For proving that the accused was subjecting deceased Lilaben to cruelty and was beating her, the prosecution has relied upon the evidence of P.W.I Kalabhai Raymalbhai Ex. 6, P.W.2 Himatbhai Ravjibhai Ex. 8, Jasiben Abhesing Ex. 10, who is a cousin of the deceased and P.W.4 Gangaben Khodabhai Ex. 11 who is the mother of the deceased. The prosecution has also examined Dr. Ratilal Parsottamdas Palel who had carried out the post-mortem on the dead body of deceased Lilaben Dcepabhai on 20th April 1987. The post-mortem report is produced at Ex. 24. The cause of death is due to shock due to burns. The inquest report is produced at Ex. 12.