STATE OF GUJARAT Vs. MAHENDRABHAI MANEKLAL PATEL

JUDGEMENT

(1.) MR . U. A. Trivedi, learned counsel for the respondents has invited the attention of the court to the fact that the accused No.1 ­ Mahendrabhai Maneklal Patel has expired on 28.01.2012, to submit that the appeal would stand abated qua the said respondent. A copy of the death certificate has been placed on record. In the aforesaid premises, the accused No.1 - Mahendrabhai Maneklal Patel having expired on 28.01.2012, the appeal shall stand abated qua him.

(2.) BY this appeal under section 378 of the Code of Criminal Procedure, 1973, the appellant ­ State of Gujarat has challenged the judgement and order dated 13th May, 1994 passed by the learned City Sessions Judge, Ahmedabad in Sessions Case No.108 of 1993.

(3.) MR . H. K. Patel, learned Additional Public Prosecutor assailed the impugned judgement and order by submitting that the prosecution had through the depositions of the witnesses and other documentary evidence which had come on record, duly established that the deceased was subjected to undue mental harassment, on account of which she was instigated to commit suicide, hence, the offence of abetment as envisaged under section 306 IPC has clearly been made out. It was submitted that the harassment which was caused to the deceased clearly falls within the ambit of "cruelty" as defined under section 498-A IPC. The learned Judge was, therefore, not justified in holding that the prosecution has not established the charges against the accused. It was pointed out that the marriage took place on 18.4.1992 whereas, the deceased died on 20.7.1992, that is, after three months and two days of the marriage. The deceased had committed suicide on account of mental cruelty inflicted upon her and that the suicidal death is proved by the prosecution witness No.5 and the post mortem report. That the prosecution witnesses have deposed about the cruelty inflicted upon the deceased by the accused persons and that considering the fact that within a short span of her married life the deceased had committed suicide, evidently the offence under section 306 IPC has been established. It was, accordingly, submitted that the learned Sessions Judge was not justified in holding that the prosecution had not proved the charges levelled against the accused and, therefore, the order of acquittal is required to be reversed and the accused are required to be convicted of the charges alleged.