RADHESHYAM KANTARAM YADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 4.12.1997 rendered by the learned Additional Sessions Judge, Panchmahals at Dahod in Sessions Case No. 64 of 1997 convicting both the appellant-original accused for the offences punishable under Section 302 read with Section 114 IPC and also for the offence punishable under Section 498-A IPC and sentencing both the appellant-accused to imprisonment for life and to pay a fine of Rs.1000.00 in default rigorous imprisonment for one month. The learned Additional Sessions Judge did not pass any separate order of sentence for the offence punishable under Section 498-A IPC.

(2.) The prosecution case was that Anand Kantaprasad Yadav lodged the FIR dated 4.2.1997 with the Police Station at Dahod to the effect that accused No. 1 Radheshyam Kantaram Yadav was married to his sister Kiran (hereinafter referred to as "the deceased") on 21.11.1996. Accused No. 2 is the mother of accused No. 1. Accused No. 1 was employed in the Railway Workshop at Dahod. After her marriage, the deceased-sister Kiranben was staying with her husband-accused No.1 and mother-in-law, accused No. 2 at Dahod and after the said marriage, the deceased had gone to her parents' place at Ratlam three times. On the last occasion, the deceased had gone to her parents' place at Ratlam on 12.1.1997 and had complained about the harassment from the accused. On 19.1.1997, accused No.1 had gone to Ratlam to take the deceased back to the matrimonial home at Dahod. While going back to Dahod, the deceased had broken down and stated that the deceased was threatened by accused No. 1 that the deceased will be burnt to death. However, the deceased was persuaded to go with her husband to Dahod. In the evening of 1.2.1997, the complainant had received a telephonic message from Dahod that the deceased had suffered burn injuries and was undergoing treatment at a hospital. Hence, the complainant, his father and elder brother had all gone to Dahod where they found that the complainant's sister-Kiran had sustained serious burn injuries and was unconscious. When the deceased regained consciousness, she informed the complainant that her husband-accused No. 1 had gone for his job at 11.00 AM in the morning on 1.2.1997 and thereafter her mother-in-law, accused No. 2, had picked up quarrel with the deceased. When accused No. 1-husband returned from work, her mother-in-law, accused No. 2, had instigated accused No. 1 and accused No. 1 had beaten up the deceased and, therefore, the deceased had become unconscious. When she regained consciousness, she found that she was burning and, therefore, she had shouted. She was set on fire by both the accused by sprinkling kerosene on her body. The deceased had also told the complainant that both the accused were in the habit of finding fault with the deceased on petty issues and were harassing her and beating her up and were meting out physical and mental cruelty. Ultimately, the deceased succumbed to the injuries on 6.2.1997, both the accused were arrested on the same day, while accused No. 2 came to be released after a month, accused No. 1 remained an under trial prisoner throughout the trial. Both the accused were charge-sheeted.

(3.) At the trial, the prosecution examined three medical witnesses at Railway Hospital at Exhs. 12, 15 and 20. Executive Magistrate-Mr CJ Patel who had recorded the dying declarations of the deceased was examined at Exh. 24. Complainant-Anand Kantaprasad Yadav (brother of the deceased) and the father and another brother of the deceased were examined at Exh. 27, 28 and 29 respectively. Investigating Officer-PSI LM Damor was examined at Exh. 30. The documentary evidences comprising of the FIR, panchnama of the scene of offence, inquest panchnama, post-mortem note, FSL report and the dying declarations recorded by the Executive Magistrate and also the statements purporting to be the statements given by the deceased before the police will be referred to hereinafter at the appropriate stage.