KHIMIBEHN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Khimibehn Arjanbhai-the mother of the unfortunate deceased Rasilabehn who allegdly came to be roasted alive by her husband Ukabhai @ Haribhai has by this Misc. Criminal Application under Section 482 of the Code of Criminal Procedure 1973 moved this court praying for quashing and setting aside the impugned judgment and order dated 9-7-1991 passed by the learned Sessions Judge Kutch at Bhuj granting anticipatory bail of the respondent-accused.

(2.) According to the F. I. R. filed by the petitioner-Khimibehn the incident in question wherein her daughter Rasila was burnt alive by her husband Ukabhai-the respondent herein within four weeks of her marriage took place at 8-30 a. m. On 14 at the residence of her in-laws at village Shinay Taluka Anjar. According to the petitioner the deceased Rasila was married on 17 to the respondent who was graduate in Civil Engineering. At the time of her marriage whatever possible within the financial means of petitioners family was given to Rasila in `KARIYAVAR. Further according to the petitioner at the time of marriage the respondent was unemployed and therefore he was in search of some job. After the marriage on 29-5-1991 the respondent alongwith his wife Rasila went to Ahmedabad to give interview for the post of Junior Engineer in G. S. T. R. Corporation where they stayed at the residence of Dayaram Bhambhani - the brother of the deceased. On 3-6-1991 they returned from Ahmedabad to their village Shinay on the morning of 4-6-1991. On the very day at 4-00 p.m. they went to Anjar to meet the petitioner and family members where the respondent staying there for some time returned alone to village Shinay. It was at this stage that the deceased Rasila for the first time revealed her sufferings to the petitioner narrating how she was subjected to the mental torture by the respondent who was persistently demanding a T. V. and also Rs. 10 0 for securing a job asking her to manage the same from her parents. The petitioner thereupon consoling her assured that since her sons and husband were not at home the moment they would come she would talk to them and the things demanded would be managed for her. About six days thereafter on 10-6-1991 at about 5-00 p.m. the respondent came to Anjar to pick up his wife Rasila and after staying for few hours both of them returned to village Shinay. On 14-6-1991 at 10 a. m. Shantilal one of the sons of the petitioner coming home informed the petitioner that Rasila was burnt and was removed to Rambag Hospital at Adipur. Thereupon the petitioner immediately rushed to the said Hospital in a rickshaw where she was joined by her husband and son Shantilal. On going to the Ladies ward Rasila was found to be admitted as an indoor patient with burns all over her body and one Jadibehn - her sister-in-law and some other ladies were sitting by her bed side. On seeing Rasila the petitioner inquired of her as to what had happened to which Rasila first by gestures suggested that let the ladies sitting nearby her be first asked to go out. Thereupon the petitioner requested the said ladies to go out. When the ladies went out of the room Rasila informed the petitioner to the effect that immediately after when she and her husband returned to village Shinay on 10-6-1991 the respondent started giving her mental torture by questioning her as to why she had not brought the T. V. and also the amount of Rs. 10 0 as was asked for from her parental house. She further stated that today also in the morning at 8-30 a.m. the respondent picked up the quarrel with her for the T. V. and the amount of Rs. 10 0 and thereafter closing the Deli (gate) dousing her with the Kerosene had set her ablaze by applying a lighted match-stick for the purpose of killing her. She further stated that no attempts were made to extinguish the fire rather the respondent sat quietly on the cot and witnessing her all in flames. Rasila further stated that at the time of the incident her parent-in-laws were not in the house. Thereafter at about 12-00 noon Rasila was removed to Bhuj in an ambulance van for further treatment and the petitioner along with her son Shantilal and other relatives accompained her. At about 1-15 p.m. they reached Bhuj Hospital where Rasila during the course of her treatment succumbed to burns injuries and passed away at about 4-45 p.m. After the P. M. examination was over the dead body of Rasila was handed over to the petitioner which was carried to Anjar at about 8-30 p. m. Thereafter the Fojdar from Adipur visited the residence of the petitioner however since she was shocked and dazed under the bereavement she was not in a position to give her statement. On the basis of the above information given by Rasila at a Adipur Hospital on the next day i.e. on 15 at about 8-30 p.m. the petitioner filed a regular complaint before the Dy. Superintendent of Police Eastern Division Anjar against the respondent for the alleged offences under Sections 302 and 498-A of IPC and also under Section 4 of the Dowry Prohibition Act 1961 which came to be registered as 1. CR No.54/91 Adipur Police Station.

(3.) It appears from the F.I.R. that despite the serious allegations against the respondent he was not arrested by the police. It further appears that on 26-6-1991 the respondent filed a Misc. Criminal Application No. 283/91 before the learned Sessions Judge Kutch at Bhuj and obtained anticipatory bail on 9-7-1991. It is against this order granting the anticipatory bail to the respondent that the aggrieved petitioner who happens to be mother of the deceased has moved this court for cancellation of the same by filing the present Misc. Criminal Application on 15