STATE OF GUJARAT Vs. RAMANLAL RAMESH BHAI DAHYALAL

JUDGEMENT

(1.) THIS appeal is directed against the judgement and order of acquittal dated 29th April, 1994 passed by the learned Additional Sessions Judge, Bhavnagar in Sessions Case No.111 of 1989 whereby, the respondents have been acquitted of the charges levelled against them under the provisions of sections 498-A, 306 and 114 of the Indian Penal Code.

(2.) THE charge against the respondents was to the effect that the accused No.1 and accused No.2 are the brother-in-law and sister-in-law of deceased Madhuben and as such, they are relatives of Madhuben's husband. The accused were time and again quarrelling with the deceased in relation to household things and were, accordingly, subjecting her to harassment. By doing so, the accused have committed the offence under section 498A read with section 114 of the Indian Penal Code. Moreover, the accused No.1 on account of instigation on the part of the accused No.2 had, on 8 th April, 1989 at one o'clock in the afternoon, gone to the house of Madhuben, at Bhavnagar and quarrelled with her and had alleged that she was a prostitute. Madhuben could not tolerate the harassment meted out to her and was instigated to commit suicide. She, therefore, sprinkled kerosene over her body and set herself to fire and committed suicide. By doing so, the accused have committed the offence punishable under section 306 read with section 114 of the Indian Penal Code.

(3.) THEREAFTER , the first information report came to be registered as Bhavnagar "C" Division Police Station I ­ C.R. No.58/1989. The dying declaration of the deceased came to be recorded by the Executive Magistrate. Madhuben expired on 8 th April, 1989 at 19.00 hours after which the inquest panchnama came to be drawn and the dead body was sent for post mortem. Upon conclusion of the investigation, a charge-sheet came to be submitted against the accused for the offences punishable under sections 498-A, 306 and 114 of the Indian Penal Code before the learned Chief Judicial Magistrate, Bhavnagar and came to be registered as Criminal Case No.1805 of 1989. The case was thereafter committed to the Sessions Court where it was registered as Sessions Case No.111 of 1989. During the course of trial, the prosecution examined in all eight witnesses and led other documentary evidence. Upon conclusion of the trial, the learned Additional Sessions Judge held that the prosecution has not established its case beyond reasonable doubt and acquitted the respondents of the charges levelled against them.