STATE OF GUJARAT Vs. GADHAVI MAHNARDAN HARIDAN

JUDGEMENT

(1.) By virtue of an order dtd. 25/8/2022 passed by this Court directing to issue the non-bailable warrant against the respondent Nos. 1, 4 and 5, the respondent Nos. 4 (Gadhavi Panuben @ Pushpaben D/o. Haridan Oghaddan) and 5 (Gadhavi Nimuben D/o. Haridan Oghaddan) are produced before the Court. So far as respondent No. 1 - Gadhavi Mahnardan (sic. Manhardan) Haridan is concerned, as per the report of the Police Sub Inspector, Harij Police Station dtd. 6/9/2022, which is produced on record, he is already expired as back as on 20/6/2020. A copy of death certificate is also annexed with the said report. In that view of the matter, the appeal is hereby abated qua respondent No. 1.

(2.) This is an appeal, at the instance of State, filed under Sec. 378(1) (3) of the Code of Criminal Procedure, 1973 (herein after referred to as "the Code"), assailing the judgment and order dtd. 10/7/2008, passed in Sessions Case No. 6 of 2008, by the learned Additional Sessions Judge, Fast Track Court No. 3, Patan, recording the acquittal of the respondents - original accused.

(3.) Marriage of deceased Chandrikaben was solemnized with accused No. 1 - Gadhavi Mahnardan (sic. Manhardan) Haridan, prior to about nine years of the incident in question. In kariyavar, she was given 10 tola Gold, 1 kg. Silver, and also some clothes. In progeny, they have three children - two sons and one daughter. That, after the marriage, whenever the deceased visited her parental home, she used to inform about taunting by the respondents - accused saying she had not brought anything towards kariyavar and that, her mother was a beggar. It is further the case of the prosecution that when the deceased visited on Dussera, at that time, she informed the complainant that the respondents - accused used to give physical and mental torture and also demanded of Rs.10,000.00 from them for doing business and hence, as the complainant had only Rs.3,000.00 on hand, it was given to the deceased asking her to give rest after arranging for the same and sent the deceased back to her matrimonial home. However, on 7/11/2007 husband of the deceased - Mahnardan (sic.), the accused No. 1, informed the complainant on phone that her daughter (the deceased) had sustained burn injuries while blowing out the primus after preparing tea and was shifted to civil hospital and hence, the complainant rushed to the civil hospital where, on asking about the incident, the deceased informed that the accused used to taunt her about kariyavar and used to address her mother as beggar and abused her. The accused also told her that she (the deceased) and her mother (the complainant) were doing "dhandho" (flesh trade). Frustrated by such a treatment, she set herself 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, 504 and 114 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC") and Ss. 3 and 7 of the Dowry Prohibition Act.