URVESH VINODBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present revision application is directed against order dated 05th October, 2012 passed below Exhibit 10 in Sessions Case No.135 of 2012 by learned 4th Additional Sessions Judge, Deesa, whereby the learned Judge has dismissed the application of the present applicant for discharge.

(2.) THE police took out preliminary investigation, recorded statements as well as drew Panchnama. The accused persons were arrested and the investigating officer submitted charge-sheet before the Court of Additional Chief Judicial Magistrate, who committed the case before the competent Sessions Court, where Sessions Case No.135 of 2010 was registered against the accused-applicants. In the said proceedings, application below Exhibit 10 under Section 227 of the Code of Criminal Procedure, 1973 came to be filed.

(3.) LEARNED advocate Mr.Vipul S. Modi submitted that learned Judge committed serious error in dismissing the application for discharge. It was submitted by him that there was no evidence worth the name for framing the charge. He submitted that when the deceased was admitted to hospital, in the history given by her, she had clearly stated that incident occurred when she was preparing meals and at that time, she caught fire from the gas stove. The statements of the deceased recorded before the Doctor and the Executive Magistrate were relied on to emphasise that it was never a case of suicidal death. It was highlighted that marriage span was about 25 years and there was nothing to suggest that husband and the son had done anything to instigate her for suicide or that there was any harassment. There was no material to conclude or infer about the allegation of harassment, learned advocate submitted. It was further submitted that when the deceased had not committed suicide, there was no question of anyone abetting the alleged act of suicide and that there was no offence was made out under Section 306, IPC. He also submitted that there was nothing to show the ingredients of offence under Section 498-A, IPC to be present, and there was no showing of cruelty or harassment necessary for alleging the offence. He relied on the parts of judgments and material gathered as evidence accompanied the charge-sheet submitted by the police, and submitted that there was no sufficient ground for the learned Magistrate to proceed against the accused- applicants.