RAMESHBHAI DALAJI GODAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - accused Rameshbhai Dalaji Godad has challenged in this Appeal the impugned Judgment and order of conviction and sentence passed by the learned Addl. Sessions Judge, Sabar Kantha at Himatnagar on 14.10.1991 in Sessions Case No.38 of 1991 whereby the learned trial Judge held the Appellant - accused guilty for the offences punishable u/ss. 498-A and 306 I.P.Code and sentenced him to suffer 2 years S.I. and to pay fine of Rs.200.00 i/d 10 days imprisonment for the offence u/s.306 I.P.Code and one year S.I. and to pay fine of Rs.100.00 i/d to under-go 5 days' imprisonment for the offence u/s.498-A I.P.Code. However, both the substantive sentences were ordered to run concurrently.

(2.) The appellant - accused belongs to scheduled tribe of Adivasi. He was young man of hardly 22 years old and doing the labour work when the incident took place on 15.4.1991. Prior to the date of incident i.e. 15.4.1991 he got married with one "Manjula", hardly aged 18 years. She committed suicide by hanging herself at her in-laws house on 15.4.1991 at about 11.30 p.m. because of the mental cruelty meted out to her by her husband. It is the case of the prosecution that her husband was having doubt about her character, therefore, he was talking less with her and because of that she committed suicide. Thus, the appellant - accused committed an offence u/s.498-A and Section 306 I.P.Code.

(3.) It is interesting to note that the information about the incident was given by none-else but the accused himself, on the same day i.e. on 15.4.1991 before Vijaynagar Police station (Exh.18). It is stated by the accused in his Application Ex.18 that he was staying at Vijaynagar with his wife Manjula as well as brother and sister. He got married with Manjula, daughter of Lalji Kana of Chitariya. After his marriage parents of his wife took her to their house. Thereafter, he had heard from the people that his wife had run away with some one, therefore, he had not called her back. He has further stated that just one month before Diwali his in-laws brought his wife at his house and since then she was staying there. Because of the aforesaid reason he had no cordial relation with his wife and both of them were hardly talking with each other. His father took away his mother at Himatnagar since last 5 to 6 days for operation. On that day his wife was at home and he came to bus stand for doing money order. There, his cousin Babulal came and told him that his wife committed suicide by hanging herself in the house. Thereupon, he went there and informed about the incident to the village people and also sent person to inform about the same to his parents and also at Chitaria. He, therefore, lodged complaint before the Police and requested to investigate that case.