GORDHANBHAI GOVINDBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) In this petition a prayer is made for quashing and setting aside the order dated 10-1-2001 of Additional Sessions Judge; Surat, below Exh. 7, in Misc. Criminal Application (Bail) No. 1 of 2001. A further prayer has been made for allowing of this application and for a direction to the learned Additional Sessions Judge, Surat, to hear the bail application only after considering the video cassette as part of the police record and after perusing and demonstration of the same.

(3.) The facts of the case are that the petitioner is the original complainant and he had filed the F.I.R., which was registered as Cr. No. 398 of 2000 for the offences punishable under Secs. 302, 498A and 144 of I.P.C., at Sub- Division-Varachha Police Station of District Surat. This complaint is filed against the following persons :- (1) Karamsibhai Meghanbhai Kukadia (2) Ambaben Karamsibhai Kukadia (3) Kalubhai Kukadia (4) Dipaben Kukadia The daughter of the petitioner named Nainaben was married to Sureshbhai Karamsibhai Kukadia, son of original accused No. 1-Karamsibhai Kukadia. The daughter of the petitioner was residing with her father-in-law, Karamsibhai Kukadia (accused No. 1), her brother-in-law-Kalubhai Kukadia (accused No. 3), Dahyaben, wife of Kalubhai, and her mother-in-law, Ambaben Kukadia (accused No. 2) at Surat. The daughter of the petitioner was subjected to cruelty and inhuman treatment by the father-in-law, Karamsibhai Kukadia, as the petitioner was informed on number of occasions by his daughter. The father-in-law tried to misbehave with his daughter Nainaben on number of occasions and also tried to commit rape with his daughter. That accused No. 2 Ambaben Kukadia (mother- in-law), accused No. 3-Kalubhai Kukadia (brother-in-law), and Dayaben Kalubhai, wife of the brother-in-law, were also used to harass and torture his daughter and used to demand money and used to compel her to make necessary arrangement from petitioner's place. Due to inhuman attitude of in-laws of the daughter of the petitioner, the petitioner and his other relatives intervened, and therefore, an alternative separate residence was arranged and the couple started to live separately in city of Surat. Thereafter, they shifted to Bhavnagar. However, due to the pressure of accused No. 1 they came back and started residing in Surat. There was tremendous torture and pressure by accused No. 1 to the petitioner's daughter and she was subjected to cruelty and inhuman treatment and that it is a shocking case that the father-in-law is taking physical liberty and trying to keep illicit relationship with her and an attempt of rape was also made by him. Ultimately, on an unfortunate day when the F.I.R., was lodged, the accused No. 1 with the help of the other accused committed a cold-blooded murder of his daughter Nainaben.