STATE OF GUJARAT Vs. KISORSINH GOVINDJI PARMAR

JUDGEMENT

(1.) Despite sufficient opportunity was given to the respondents, nobody is present on their behalf. The matter is of 2011 and hence, the Court proceeded with the matter.

(2.) Present appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 31/8/2010, passed in Sessions Case No. 155 of 2008 by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Jamnagar, recording the acquittal.

(3.) The facts, in brief, are that marriage of deceased had been solemnized with the respondent No. 1 herein - original accused No. 1 and son of the respondent No. 2 herein - original accused No. 2 prior to about thirteen years of the incident in question, as per the rites and rituals of their caste. Out of the wedlock, they have two children, of whom, the daughter namely Jagruti had died at the age of 5 years. It was the case of the prosecution that after the marriage, for about one year, their marriage life was going good, however, thereafter, the respondents, so often, used to beat the deceased. The accused No. 1, the husband, used to oust her saying, he did not like her and hence, she used to stay at her parental home, however, they used to send her back on due persuasion by her relatives. That, prior to about three years of the incident in question also, the accused No. 1 had beaten up the deceased and hence, the deceased took shelter at Stri Vikas Gruh, Jamnagar, where, she stayed for about 20 days and on coming to know about the same, the complainant brought her to their home, where, the deceased stayed for about one year. Thereafter, with the intervention of the relatives, the deceased again was sent back to her matrimonial home. However, the harassment and torture continued. The deceased was again sacked from the home and hence, she was staying separate from the accused persons at Beraja. The deceased had also filed an application for maintenance before the Court at Jodiya. It is further the case of the prosecution that on 8/9/2008, the deceased had called the complainant on mobile and informed that the accused were beating her since last three days and got her exiled from home and hence, the complainant got her calm down and told that they would persuade the accused persons. However, at about 1:30 p.m. again the deceased called her on mobile and told that she was fed up of such cruelty and ill-treatment and would commit suicide by consuming poison. At that time also, the complainant persuaded her and asked her to return to their home at Sikka. Then, on 9/9/2008, the complainant received telephonic message from Jodiya Police Station that the deceased had committed suicide by jumping to death in a lake. Thus, the respondents committed the offence punishable under Ss. 498A, 306, r/w. Sec. 114 of the Indian Penal Code, 1860 (herein after referred to as "the IPC") for which, FIR came to be registered against them.