STATE OF GUJARAT Vs. SATWARA KALYANJI MAVJI

JUDGEMENT

(1.) Rule. Mr. H. P. Raval waives service of rule. Leave to amend.

(2.) This Misc. Criminal Application has been filed seeking permission to examine the following witnesses:

(3.) In order to decide this application it is necessary to mention certain facts. Deceased Raliyat aged 22 who was the daughter of Chaku Jiva Satwara PW 3 Exh. 11-the complainant in the present case was married to the respondent No. 1 which took place about seven years before the date of incident. The respondent No. 2 is the father of the respondent No. 1. Out of the said wedlock there were three daughters and they were stayng in a Wadi situated in the sim of village Dhrol near a place known as Goradiya Hanuman. It appears that there were some quarrels between the husband and wife wherein the deceased was beaten up however due to the intervention of certain persons the quarrels ended in reconciliation. Before about eight days from the incident the deceased had an occasion to go to her parents where she complained before them about ill-treatment by her husband and in-laws under petty excuses. The incident in question happened in the morning of 15-3-1982. The respondent No.1 met Chaku Arjan PW.6 Exh. 14 and informed him that his wife is sick and that she had become unconscious and therefore he had come to village Dhrol to call the Doctor. Then the respondent No.1 alongwith Chaku Arjan met one Doctor at Kevalia who advised them to go to Government Hospital. Accordingly both of them met Dr. Gordhan Mavjibhai Panara PW.2 Exh.10 at about 12.00 noon. Both of them informed Dr. Panara that a woman had become unconscious and summoned the Doctor to the Wadi for the piurpose of examining her. In reply thereto the Doctor told them that if the woman had become unconscious she may be brought to the hospital. However they requested the Doctor to first examine her and that if necessary she would be letter on brought to the hospital. Thereupon Dr. Panara went to the Wadi by his motorcycle with Chaku Arjan as the pillion rider while the respondent No. 1 came by bicycle. When the Doctor reached the house of the respondent No. 1 in the Wadi he found the deceased lying in a room covered with matresses. The Doctor after removing the matresses upon examination found her dead. The Doctor noticed rope marks on the neck of the deceased and having realised that the death had occurred under suspicious circumstances asked them to bring the dead body to the hospital. According to the Doctor all the family members of the respondents including the respondent No. 2 were present in the house. He further stated that the woman was examined between 12 noon to 1.00 p.m. The Doctor upon reaching the hospital informed the police on phone that one lady had expired under suspicious circumstances. Exh. 21 is the entry in the Station Diary of Joria Police Station. As per the said entry the Doctor informed the Police Staiton about the death of a woman however no details have been given. Accordingly Head Constable Bhavarlal went to the hospital to enquire about the message where he prepared the Panchnama of the dead body and also prepared the Inquest Report Mark 6/10. Thereafter he made enquiries regarding the cause of death by interrogating the respondent No.1 and after getting information from the respondent No. 1 which was reduced into writing he forwarded the same to the Police Station Officer Dhrol vide Exh. 6/3. Head Constabnle Bhavarlal then visited the scene of offence i.e. the Wadi of the respondents and drew the Panchnama thereof which is at Mark 6/11. In the meantime at about 22.00 hrs. the father of the deceased who had received information about the death went to village Dhorl Police Station and lodged detailed complaint before PSI Charan PW.9 Exh.19 who reduced this complaint into writing and registered the offence. Thereafter PSI Charan went to the house of the respondents and recorded the statements of certain witnesses on the next day and arrested both the respondents. The respondent No. 1 expressed his willingness to produce the rope which was said to have been used the commission of the crime. PSI Charan therefore aided by the Panchas drew the preliminary Panchnama and went to the house of the respondents led by respondent No. 1 from where the respondent No. 1 took them to the Wadi portion and took out the Muddamal blood stained rope from below a heap of stalks of wheat which was attached under the Panchnama. The clothes put on by the deceased at the time of incident were also produced before PSI Charan by one Constable Natubhai which was also attached under the Panchnama. Thereafter the Investigating Officer recorded the statements of Dr. Panara and other witnesses. He also forwarded the Muddamal articles to the Forensic Science Laboratory for analysis. After completing the investigation the Investigating Officer submitted a charge-sheet against the respondents before the learned J.M.F.C. Dhrol. who in turn ultimately committed the case to the Court of Sessions.