STATE OF GUJARAT Vs. JAGA KANA AAHIR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 14th August, 1995 passed by the learned Additional Sessions Judge, Jamnagar in Sessions Case No.40/1995.

(2.) THE prosecution case in brief is that the original first informant ­ Mulubhai Rambhai Aahir lodged a first information report before the Kalyanpur Police Station at 15:50 hours on 19th December, 1994 alleging that his sister Januben was married 2 1/2 years prior thereto with Jaga, son of Kana Meraman of Devaliya na Ambaliya. After her marriage, Januben was residing in a joint family at her matrimonial home and had a seven month old daughter named Neetu. On the previous day i.e. on 18th December, 1994 at 3 o'clock at night, the first informant was at home when one Savdas Veera of Devaliya came to their house at Ambaliya and told them that Januben had left the house with her daughter and had gone somewhere. Hence, they had sent Pitha Karshan with Savdas to Devaliya and in the morning at about 8 o'clock, he had come back and informed them that Januben had jumped into a well. Pitha Karshan had not gone to see the dead body. Thereafter, the first informant went to the Kalyanpur Police Station and gave information regarding the incident. Januben's husband and mother-in-law and father-in-law used to subject her to extreme harassment and her husband time and again used to beat her which Januben used to tell them as and when she came to her parental home. Hence, her family members used to placate her and send her to her matrimonial home. About eight days prior to Diwali, Januben had returned to her parental home alongwith her daughter and had informed them about the harassment meted out to her at her matrimonial home and told them that she would not return to her matrimonial home, whereupon they had placated her and she had stayed at her parental home for about two months. About 20 days prior to the incident, Januben's brother-in-law Devshibhai had come to Movana and talked with the first informant and told him that he would take the responsibility that Januben would not be harassed, hence, they had sent Januben with Devshibhai to her matrimonial home. In the meanwhile, on that morning, his sister alongwith her daughter had jumped into the well and he had seen both their dead bodies. The reason behind the incident was that his sister was subjected to undue harassment by her father-in-law, mother- in-law and husband, hence, she had committed suicide by jumping into the well.

(3.) MR . H.K. Patel, learned Additional Public Prosecutor assailed the impugned order submitting that the marriage of the deceased had taken place two and a half years prior to the date of the incident and the deceased on account of the harassment meted out to her by her mother-in-law and her husband had committed suicide by jumping into the well alongwith her seven-month old daughter. It was submitted that the very fact that the deceased had taken such an extreme step alongwith her infant daughter is indicative of the fact that she was subjected to undue harassment. Referring to the depositions of the prosecution witness No.1 to 4 namely, Mulubhai Rambhai, the brother of the deceased, Rama Kala, father of the deceased, Raniben Rambhai, mother of the deceased and Satiben Dadubhai, sister-in-law of the deceased, it was submitted that through the testimonies of the said witnesses, the prosecution has duly proved the harassment which was meted out to the deceased by her husband and father-in-law which was in the nature of taunting and quarreling in respect of the household work as well as beatings by her husband. Referring to the deposition of the first informant, it was pointed out that at times, the deceased was beaten in such a manner that she was required to be given medical treatment. It was pointed out that at times, she was taken to the doctor for medical treatment. Referring to the deposition of Satiben the sister-in-law of the deceased, it was pointed out that she has deposed to the effect that the deceased was not given proper food and sufficient milk was not given for her daughter. On one occasion, her husband had told her to pour kerosene on herself and set herself on fire and that the accused used to beat her and slap her. It was submitted that, thus, the prosecution has duly proved the harassment which was meted out to the deceased and as such, the learned Judge was not justified in holding that the ingredients of section 498-A and section 306 I.P.C. were not satisfied.