LAWS(GJH)-2022-7-40

STATE OF GUJARAT Vs. LAXMANBHAI

Decided On July 19, 2022
STATE OF GUJARAT Appellant
V/S
LAXMANBHAI Respondents

JUDGEMENT

(1.) Much ink has been flown on evaluation and appreciation of evidence on a written dying declaration, but, a very few occasions have arisen, wherein the Court has an opportunity to examine and assess the evidence adduced by the prosecution on oral dying declaration. Present is one such case.

(2.) The present appeal under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (herein after referred to as "the Code") is filed by the appellant - State of Gujarat and Criminal Revision Application No. 450 of 2007 is filed by the applicant - original complainant under Sec. 401 of the Code, challenging the judgment and order dtd. 10/7/2007, passed in Sessions Case No. 29 of 2004, by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No. 1, Dhrangadhra, recording the acquittal of the respondents - original accused.

(3.) Marriage of deceased Ramilaben, the sister of original complainant - Dhanabhai Chaturbhai was solemnized with accused No.1 - Laxmanji @ Lakhabhai Pratapbhai Thakor, resident of Vadgam of Dasada Taluka, prior to about three years of the incident in question. Out of the wedlock, they have one child named Rahul, aged one and a half years at the relevant time. That after the marriage, victim deceased Ramilaben was residing in her matrimonial house in a joint family at Dasada. That, on 19/8/2004 at about 5:30 p.m., the complainant got the telephonic message from accused No. 2 - Pratap Valabhai Thakor, the father-in-law of the deceased, that his younger sister was burnt and asked him to come immediately and they were taking her to the hospital and, accordingly, the complainant left for Vadgam and when he reached at Shankheshwar, he saw father-in-law and the uncle-in-law going in a white colour car, and hence, the complainant stopped the said car and found his sister lying in the middle seat in a burnt condition and on inquiry made by the complainant, her sister informed him that her husband, mother-in-law and the father-in-law demanded and asked her to bring Rs.10,000.00 and pressurized her to bring money from her parental home, and thereby caused physical and mental harassment to her. They harassed her by pointing out mistakes in household works. That, earlier she had brought Rs.5,000.00 and hence, on being instigated by her in-laws, her husband got infuriated and beat her up, and hence, in frustration, she went to her home and sat her ablaze by pouring kerosene on account of persistent harassment and torture by the respondents - accused persons. Thus, the Respondents committed offence in question for which, FIR came to be registered against them for the offences punishable under Ss. 306, 498-A and 114 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC") and Ss. 3 and 7 of the Dowry Prohibition Act.