STATE OF GUJARAT Vs. VINOD JAYANTILAL UPADHYAYA

JUDGEMENT

(1.) THE present appeal, under section 378(1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 14.6.1999 passed by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No.60 of 1998, whereby the accused persons have been acquitted of the charges leveled against them. Though served, but none appears on behalf of the respondents accused.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by learned APP that the judgment and order of the trial Court is against the provisions of law; the trial Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence. He has read the charge at Exhibit 6 and submitted that it is transpired that the deceased committed suicide due to instigation, provocation and abetment on the part of the accused persons. Learned APP has drawn the attention of the documentary evidence like complaint at Exhibit 38, which is lodged by the deceased herself, when she was alive, wherein she alleged that the accused persons were harassing the deceased mentally and physically under one ground or other by saying her Marathi oftenly and said FIR was registered by the Investigating Officer. Even from the dying declaration recorded at Exhibit 21, wherein the deceased alleged against the accused persons about harassment caused to her and even the accused had beaten her and therefore, due to harassment, she poured kerosene on her to commit suicide. He also stated that the said dying declaration is recorded by the Executive Magistrate and not by the Police Officer. He, therefore, submitted that the ingredients of Section 107 and 108 regarding provocation, instigation, abetment are proved against the accused persons. He also submitted that the Investigating Officer has fully supported the version of the dying declaration. As per the evidence of P.W. 3, the allegations levelled against the accused persons are established and it transpires that the deceased was oftenly called as Marathi as she belonged to Maharashtrian and she had not spoken proper Gujarati and therefore, she told mixed language like Marathi as well as Gujarati. Even from the PM note, dying declaration, inquest panchnama, it transpires that the deceased committed suicide due to harassment on the part of the accused persons. As per his submission, from the oral evidence of P.W.1 Dr. Chetan Jani, who is Medical Officer, has carried out PM of the deceased and from his evidence, it transpires that the death of the deceased was due to burn injuries received by her. In the PM note, there are so many injuries on the body of the deceased due to burn. Learned APP further submitted that P.W. 2 Dr. Jiten Panchal stated in his oral evidence at Exhibit 17 that the deceased committed suicide by pouring kerosene on herself and thereby committed suicide. Even one social worker namely Kulsumben, P.W.4 was examined at Exhibit 24 and from her evidence, it is established that the deceased committed suicide and as per her evidence, the deceased was speaking Marathi language oftenly. Therefore, the contents of FIR as well as dying declaration are corroborated to the versions of the witnesses. He has drawn the attention to the oral evidence of the P.W.5 Mahesh Jayantilal, Exhibit 25, P.W.6 Suresh Jayantilal, Exhibit 26, P.W.7 Dhirajlal Mohanlal, Exhibit 27, P.W.8 Lilavatiben, Exhibit 32, P.W.9 Niranjan Dave, Exhibit 37 as well as documentary evidence and submitted that the learned Sessions Judge has not properly appreciated the evidence and therefore, judgment and order of acquittal is required to be quashed and set aside in the interest of justice and the accused persons are required to be convicted.