RAMZANBHAI USMANBHAI SHEKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present revision application, filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the impugned judgment and order dated 05th October, 2006 passed by the learned Principal Sessions Judge, Mehsana in Sessions Case No.56 of 2006 and further prayed to remand the matter for fresh trial.

(2.) The case of the complainant is that marriage of the daughter of the complainant, i.e. deceased Sabnam, was solemnized with respondent No.3-original accused as per the custom of the society. After sometime when the deceased came back at her parental home, she complained that the respondent No.2-original accused No.1, i.e. sister-in-law, was quarreling with her and refused to go at her in-laws. She also stated that in absence of her husband, she was physically and mentally tortured. Thereafter, after executing writing not to harass the deceased and then only the deceased was sent at her in-laws. It is also the case of the complainant that on last makarsankranti prior to the incident, the deceased along with her husband came to her parental home and at that point of time, the complainant scolded the respondent No.3. Thereafter, when on 22nd January, 2006 wife of the complainant telephoned at the in-laws place of the deceased, the respondent No.2 lifted the phone and when it was asked for the deceased, the respondent No.2 put down the receiver. Therefore, parents of the deceased rushed at in-laws place of the deceased. The brother-in-law of the deceased informed the complainant that the deceased had committed suicide by handing.

(3.) Therefore, a complaint to the said effect came to be filed with the Kadi Police Station and investigation came to be carried out. The Investigating Officer recorded statements of various related persons, drawn the panchnama of seen of offence, seized the muddamal article by drawing panchnama and as sufficient evidence were found the accused persons came to be arrested and charge-sheeted before the learned Magistrate.