STATE OF GUJARAT Vs. BALVANTBHAI @ BATUKBHAI VASANTJI DEVABHAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 30th January, 1996 passed by the learned Additional Sessions Judge, Valsad at Navsari in Sessions Case No.27 of 1995, whereby he has acquitted the respondents-accused of the offences punishable under sections 498A and 306 of the Indian Penal Code.

(2.) THE facts of the present case are that Maheshbhai Vasantji Patel gave a declaration before the Bilimora Police Station to the effect that on Saturday 17th December, 1994 in the morning at about 9 O' clock, he had taken his tea and, thereafter, gone to his agricultural field for the purpose of watering the sugarcane crop. His father had also gone to the field to cut the sugarcane and Balvantbhai @ Batukbhai had gone to the field for watering the same and Dhirubhai Gandabhai Ghodiya had gone along with him as a labourer and his wife, his sister Madhu (accused No.3) and his daughter Zinal were at home. At about 11 O' clock while he was watering the sugarcane, he had seen his mother going for a funeral in a tractor and, thereafter, at about 12:30, his paternal uncle's son Khandubhai came to his field and informed him that Batukbhai (accused No.1) was quarreling with his wife, hence, he should go home. Therefore, he immediately went home and found his wife Dhanuben lying in the new house and upon asking her, she had told him that Batuk was quarreling with her. That she was sitting and talking with Ushaben when he had come and reprimanded her and asked them as to why they were talking and were not working. He had, therefore, told his wife that he would reprimand Batuk and went to the field to Dhirubhai and asked him whether he was aware of the incident, however, Dhirubhai had stated that he did not know anything about it and, therefore, he had returned home. At that time, viz., about 1 O' clock in the afternoon, he did not find his wife and daughter at home, hence, he looked around for Batuk and his sister Madhu but could not find them. Upon inquiring from Naynaben, wife of Khandubhai, about his wife, she had informed him that she was at home and was not aware of anything. He had, therefore, looked for his wife and daughter in the surrounding areas and the nearby agricultural fields. In the meanwhile, his parents arrived at home and he informed them about the same. As his wife and daughter could not be found, he went to his brother-in-law's house at Pokda, however, they were not there so he returned home. Thereafter, he had inquired from his in-laws at Dhakvada village, however, she was not found there. Therefore, the search was continued and in the meanwhile, on that day, in the morning, when he was at home, his aunt Vajiyaben was taking out water from the well near their house, when the dead body of his daughter Zinal was found at about 8 O' clock in the morning, hence, she informed him and his family members about it. Therefore, people from their locality had gathered there. The dead body of his daughter was taken out from the water and upon searching in the well, the dead body of his wife Dhanu was also found and was taken out from the well. He has, accordingly, informed that his wife and daughter have died on account of drowning in the well and that the matter should be investigated. He has further stated that his wife had a dispute with his brother Balvant @ Batuk and feeling despondent, his wife had committed suicide by jumping into the well along with their daughter Zinal.

(3.) UPON culmination of the investigation, charge- sheet came to be submitted before the learned Judicial Magistrate, First Class, Gandevi, who committed the same to the Court of Sessions, where the same came to be registered as Sessions Case No.27 of 1995.