STATE OF GUJARAT Vs. MAVABHAI KHENGARBHAI VANKAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23rd April, 1998, passed by the learned Additional Sessions Judge, Panchmahal, Godhra in Sessions Case No.10 of 1997, whereby he has acquitted the respondents of the offences punishable under sections 498A and 306 read with section 114 of the Indian Penal Code.

(2.) THE first informant Vashrambhai, father of deceased-Shardaben, lodged a first information report alleging that his daughter Shardaben was initially married to a person residing at Sharda village; however, since the said family was not well off, he did not send his daughter to her husband's home and obtained a divorce. Later on, about ten months prior to the date of the incident, his daughter was married to the accused-Mavabhai Khengarbhai by way of Natru (remarriage by exchanging garlands . The accused No.2- Valiben is the first wife of accused No.1-Mavabhai and accused No.3 and 4 are the mother-in-law and father- in-law of the deceased. After her marriage, deceased Shardaben was residing with the accused. For about two to three months after her marriage, the accused had behaved well with the deceased. However, after Shardaben became pregnant, the accused were not behaving well with her. About four months prior thereto, deceased Shardaben had come to the house of the first informant and informed him and Dudhiben that her in-laws had asked them to arrange for providing a T.V., gold ornaments as per their custom, a gold ring, gold locket and anklets at the time of her Shrimant (baby-shower . Thereafter, one month prior to the date of the incident, Shardaben had come to her parental home and had informed the first informant and other members of the family that her husband-Mavabhai and his first wife Valiben were speaking in whatever manner they liked with her and were insisting upon her saying that she would bring certain articles at the time of her Shrimant and were subjecting her to mental and physical harassment. She had also informed them that her mother-in-law and father-in-law were also harassing her. Hence, the first informant had told the deceased that as and when they were in a position to do so, they would arrange for such ornaments, after which, the deceased had gone to her matrimonial home. However, once again, the deceased was twice beaten up, hence, she had again returned to her parental home and had informed the first informant that she was being beaten and that she could no longer tolerate the harassment, despite which, the first informant had pacified her and sent her with Dudhiben to her matrimonial home. Thereafter, prior to the incident, on the day of Gokulashtami, the deceased had come to her parental home and had informed that her mother-in- law, father-in-law, her husband and his first wife were subjecting her to intolerable physical and mental harassment. However, at this time also, the first informant pacified her and sent to her matrimonial home. On 6th June, 1996 in the evening, one Kiranbhai Pagi of Velvad village came to the first informant's house and informed them that his daughter was burnt to death. Hence, the first informant and other members of his family went to the house of the accused at Velvad village and at the site, they saw the dead body of the deceased lying there in the barn. The loft of the barn was filled with hay and wood, which were burnt. Thus, it appears that since the deceased could not tolerate the mental and physical harassment caused to her in respect of dowry, she had set herself ablaze and committed suicide. The first information report came to be lodged by the first informant in person before 27th the Divisional Police Officer, Godhra on September, 1996, pursuant to which, the same came to be registered as Godhra Taluka Police Station I- C.R. No.250 of 1996 for the offences punishable under sections 498A, 306 and 114 of the Indian Penal Code. Pursuant thereto, investigation came to be carried out and charge-sheet came to be submitted in the Court of the learned Chief Judicial Magistrate, First Class, Godhra, which came to be registered as Criminal Case No.1 of 1997. Since the case was triable only by a Court of Sessions, the same came to be committed to the Sessions Court under section 209 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code' .

(3.) MR . K. L. Pandya, learned Additional Public Prosecutor drew the attention of the court to the depositions of the witnesses and, more particularly, to the depositions of the first informant as well as the brother and mother of the deceased to submit that the prosecution, through the testimonies of the said witnesses, had duly proved that the deceased was subjected to intolerable physical and mental harassment, on account of which, she was left with no option but to commit suicide. It was urged that the span of the marital life of the deceased was only ten months and, hence, the presumption under section 113A of the Evidence Act would be clearly attracted. It was further pointed out that in the accidental report lodged by the father-in-law of the deceased, it was specifically stated that there was no stove or chimney in the barn; the medical officer in his deposition as well as in the postmortem report, has indicated that the smell of kerosene was emanating from the blouse of the deceased. Under the circumstances, the prosecution has duly established that the deceased had committed suicide by pouring kerosene on herself. It was submitted that the deceased was pregnant and just a few days before her Shrimant ceremony, there was no reason for her to commit suicide except that the situation had become so intolerable that she could no longer put up with it. It was urged that in the face of the evidence, which has come on record, the learned Additional Sessions Judge was not justified in holding that the prosecution has not established the charges levelled against the accused beyond reasonable doubt. Under the circumstances, the order of acquittal is required to be quashed and set aside and the accused are required to be convicted for the offences with which they are charged.