MINABEN MERABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants who are the original accused nos. 1 and 2, in this appeal, have challenged the judgment and order of conviction dated 2.4.1993 passed in Sessions Case No. 29 of 1986 by the learned Addl. Sessions Judge, Bhavnagar, convicting them for offence punishable under section 302 read with section 34 of the IPC and sentencing to undergo R.I.for life.It may be stated that the original accused no.3 who was charged for offence punishable under section 323 of IPC was also tried along with the appellants. However, the learned Addl. Sessions Judge, Bhavnagar acquitted him by the impugned judgment. The appellants are the mother-in-law and sister-in-law of deceased Gauri while the original accused no.3 is the husband of the deceased. All the accused were tried together for causing unnatural death of the deceased. As far as the appellants are concerned, it was alleged against them that on 4.10.1985 at about 11.30 a.m., in furtherance of their common intention to commit murder, the appellant no.1 sprinkled kerosene on the deceased and the appellant no.2 ignited a match stick and set the deceased ablaze. It was alleged against the original accused no.3 that in the morning on the same day at about 9.00 o'clock, he beat the deceased with cane stick and, thus, committed an offence punishable under section 323 IPC. It is the prosecution case that the married life of the deceased with her husband was not happy and three to four months prior to the incident, she had gone to her parental home. She had returned to her in-laws house only on the evening of the day prior to the incident when her father left her upto Shihor town. It is the further prosecution case that when the husband of the deceased returned from his work and saw the deceased in the house, he did not like her entry in the house on the previous day of the incident. Not only he scolded the deceased, but also gave her slaps. On the day of the incident at about 9.00 a.m., even before going for work, the husband beat the deceased. On hearing screams for help of the deceased and on seeing the smoke coming out from the house of the appellants, Dhulabhai,PW 4 and one Bhikhabhai, the neighbours entered the house and opened the door which was bolted from inside and saw the deceased in burning condition. According to Dhulabhai, he extinguished fire by throwing quilt on the deceased. According to Dhulabhai, the deceased told him that she had committed suicide. According to Dhulabhai, none of the appellants were present in the house. The deceased was taken to Vallabhipur Hospital by the elder brother of the husband of the deceased. It appears that the father of the deceased Mangalbhai, PW 5, in the meantime, was informed who accordingly came in a tempo car. The doctor, after giving some treatment to the deceased, referred the case to Sir T.Hospital, Bhavnagar. The doctor Muljibhai Shamjibhai, Medical Officer of Sir T.Hospital, Bhavnagar, conveyed information vide Ex. 27 to Bhavnagar 'A' Division Police Station that the deceased having burn injuries was brought and that her condition was extremely serious and asked to do the needful. PSO of Bhavnagar 'A' Division Police Station received the said information and conveyed the same to Umrala Police Station as the offence had taken place within the jurisdiction of the said police station. However, before doing so, he informed the Hospital Duty Constable Bachubhai Jorubha, PW 6 Ex.25 to record the statement of the deceased. Bachubha Jorubha, recorded the complaint of the deceased Ex.26. Necessary entries were made in the station diary in that regard vide Ex. 27. Yadi Ex. 28 was also sent to Executive Magistrate to record the statement of the deceased. Accordingly, Bhogilal Mehta, Executive Magistrate, Ex.19 reached the hospital at about 3.45 p.m. and after obtaining certificate from the concerned doctor regarding the condition of the deceased, recorded dying declaration of the deceased Ex. 21. It may be stated that in the complaint Ex. 26 recorded by the Head Constable Bachubha Jorubha as well as in the dying declaration Ex. 21 recorded by the Executive Magistrate Bhogilal Mehta, the deceased implicated the appellants by alleging that they burnt her alive. The deceased died at about 5.30 p.m on the same day. Dr. Bharat Dholakia, PW 2 Ex.18, Medical Officer of Sir T.Hospital, Bhavnagar, who performed the post-mortem of the deceased found superficial burns all over the body except soles. He opined that the cause of death was shock due to extensive burns on the body. Ramkrushna Pandya, Ex. 29, Senior Police Head Constable of Umrala Police Station, after obtaining the case papers including dying declaration, complaint, inquest panchanama etc., carried out further investigation by recording the statements of witnesses and submitted chargesheet against the accused.

(2.) The learned Addl. Sessions Judge framed chargesheet Ex.4 against the accused to which the accused pleaded not guilty and claimed to be tried. In their further statement under section 313 of the Code of Criminal Procedure, they denied their involvement in the case and stated that they were not present at the time of incident.

(3.) The learned Addl. Sessions Judge, after appreciating the evidence on record, found the appellants guilty of the charge levelled against them and convicted them for committing murder of the deceased. The learned trial judge, however, found insufficient evidence against the original accused no.3 and, therefore, he was acquitted for offence punishable under section 323 of IPC. Hence the appeal.