STATE OF GUJARAT Vs. MOCHI DILIPKUMAR MULJIBHAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 29th June, 1996 passed by the learned Assistant Sessions Judge, Junagadh in Sessions Case No.17/1991.

(2.) THE prosecution case is that the first informant ­ Labhuben, wife of Dilipkumar Muljibhai was residing in the house of Aminaben Fakir situated behind 'Archana' Bungalow, Bhoi Society at Veraval alongwith her husband Dilipkumar Muljibhai and her children. The first informant's husband was working as a cobbler in the name and style of 'Footwear' near Laljibhai Muljibhai Transport. The first informant's paternal home was at Una. Her mother had expired and her father Muljibhai Punabhai was also working as a cobbler at Una. According to the first informant, her father-in-law, brother-in- laws etc. were residing separately. On 22 nd September, 1990 at 9 o'clock in the morning, her brother-in-law (husband's younger brother) Pradipkumar Muljibhai came to her house and in the presence of her husband gave filthy abuses and after assaulting her physically, went away. After her brother-in- law had gone away, her husband Dilipkumar Muljibhai argued with the first informant and told her that from that day, he did not want to eat at home and that he did not want to see her and gave her blows on the hands, legs and body with a stick and went away from the house. In view of the above incident, the first informant became despondent and since, time and again, her husband used to beat her and subject her to physical and mental harassment and was not giving any money to run the home on account of which, on many occasions, she and her children had to go to bed hungry, being fed up with her husband beating her up, and feeling that instead of the daily physical harassment, it was better to die, on 22nd September, 1990 in the morning at 10:30, when except for her little children, no one else was at home, the first informant, took the kerosene which was lying in a tin at home and sprinkled the same over her body and set herself ablaze on account of which her entire body was burnt from head to foot. Thereafter, the first informant was taken to Veraval Municipal Hospital for treatment where she lodged the first information report in the above terms. The first information report was lodged before Shri D.R. Agrawat, Police Sub- Inspector, Veraval City Police Station for the offence punishable under sections 498-A, 323 read with 114 of the Indian Penal Code. The first informant was given treatment at the hospital and her dying declaration came to be recorded by the Executive Magistrate and she died on 22 nd September, 1990 while undergoing treatment.

(3.) MR . K.L. Pandya, learned Additional Public Prosecutor drew the attention of the court to the depositions of the witnesses as well as the dying declarations recorded by the Executive Magistrate as well as by the police officer. Reference was made to the testimony of Muljibhai Punabhai namely, the father of the deceased to submit that the prosecution, through the testimony of the said witness, has duly established the ingredients of section 498-A. It was pointed out that the deceased had been subjected to undue mental and physical harassment on account of which, the said witness feared that his daughter's life was in danger and had, therefore, initiated proceedings for issuance of search warrant for the purpose of obtaining her custody whereafter he had taken her to his house, where she had stayed with him for four to six months. Thereafter, his son-in-law and other family members had assured him that they would take good care of her after which he had sent his daughter to her matrimonial home. It was submitted that from the testimony of the said witness, it is apparent that the deceased was subjected to undue mental and physical harassment on account of which she was left with no option but to commit suicide. Under the circumstances, the ingredients of section 498-A as well as section 306 I.P.C. are clearly made out from his testimony.