SHARDABEN SARTANJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant original complainant has filed this Revision Application under Section 397 read with Section 401 of the Criminal Procedure Code challenging the judgment and order passed by the learned Additional Sessions Judge, Mehsana, in Sessions Case No.137 of 2006, whereby the learned Judge has acquitted the accused for the offence punishable under Sections 302, 498(A), 201 read with Section 114 of the Indian Penal Code.

(2.) It is the case of the complainant that she is residing at Krushnanagar Society, Visnagar. She his having three daughters and one son. Her husband is working as helper in G.E.B. at Visnagar. She got married her elder daughter, Jyotshnaben, with the accused, Prakashji Cheraji in the present case in 1995. Her daughter gave birth to one son and thereafter she gave birth to one daughter, who died after delivery. She has one son, namely, Jigar. The daughter of the complainant was suffering from breathing problem since last four years and therefore, in-laws of complainant's daughter, namely, Prakashji son-in-law, Cheraji, father-in-law, Jayaben, mother-in-law were harassing her daughter because of the above ailment. Because of the harassment Jyotshnaben returned to her parents house. Thereafter, Thakor Manaji, husband of sister-in-law of the Jyotshnaben, came to complainant's house to call Jyotshnaben giving promise that no taunting or harassment will be given to Jyotshnaben. Thereafter, Jyotshnaben and her husband Prakshji went to live separately from in-laws. On 28.6.2006, at 11:00 o'clock Jyotshnaben phoned to Premilaben Manuji, neighbour of parents of Jyotshnaben, that her father-in-law, mother-in-law and husband are harassing her unnecessarily and abusing her. Thereafter, one Babuji and Baldevji of Mehsana came to the complainant's house and told her that father-in-law, mother-in-law and husband of Jyotshnaben have murdered her and thereafter they have completed the last rituals of Jyotshnaben and have thereby destroyed the evidence.

(3.) The applicant - original complainant filed the complaint against original accused - present respondent Nos.2 to 4 before the Mehsana Taluka Police Station for the offences punishable under Sections 302, 498(A), 201 read with Section 114 of the Indian Penal Code. Thereafter, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused persons were arrested and, ultimately, charge-sheet came to be filed against them.