STATE OF GUJARAT Vs. JADEJA MAHOBBATSINH BHIKHUBHA

JUDGEMENT

(1.) THE present appeal is directed against the impugned judgment and order rendered in Sessions Case No. 64/1995 by the learned Addl. Sessions Judge, Jamnagar, dated 4.6.2002 recording acquittal for the offences under sections 498A, 306 and 114 of Indian Penal Code.

(2.) THE facts of the case, briefly summarized, are that the deceased Manchabha was married to the son of accused No. 2 before about 13 years. A -1 is the brother -in -law and A -2 is the mother -in -law of the deceased. It is the case of the prosecution that harassment was caused to the deceased by the accused persons. It is the case of the prosecution that on 30.6.1992 as there was animal bite to the uncle -in -law a ceremony for the deity/God was performed at the temple. At that time A -2 is said to have abused the deceased stating that she has nothing to do with the God and when the deceased stated about worshiping, A -2 got enraged and proceeded to beat the deceased but could not beat her. Thereafter, the husband of the deceased intervened and the deceased is said to have stated that he should not take sides. Therefore, she set her ablaze and was taken to the hospital. The complaint has been filed by the PSI Jamnagar 'B' Division Police Station at Exh. 17. On the basis of the report received from the hospital, it has been registered as C.R. No. I - 52/92 for the offences under sec. 498A, 306 and 114 of IPC.

(3.) HEARD learned APP Ms. Monali Bhatt for the appellant -State. She has referred to the testimony of the witnesses including the testimony of the complainant as well as the testimony of the husband of the deceased, PW 6, at Exh. 14 who has turned hostile. She however made a feeble attempt to suggest that, on one hand, he has his brother and mother and on the other his wife has died and therefore his evidence is required to be appreciated even though he may have turned hostile. She has also referred to the other evidences. However, the fact remains that most of the prosecution witnesses have turned hostile and have not supported the prosecution case at all. The testimony of PW 6 (husband) at Exh. 14 refers to the theory of accidental death that she got burnt accidentally while preparing tea/food. He has also stated that after one year of marriage he has been staying separately. He has also stated that as there was some land dispute with his father and others, he was staying separately. He has specifically stated that there was not any kind of ill - will between the deceased and the accused persons. As per the testimony of PW 7 Shri Zala who was working as PSI at Jamnagar City 'B' Division Police Station, he had recorded the statement of the deceased at the hospital which is produced at Exh. 17. According to this statement it could also be termed as dying declaration though there is no endorsement with regard to the condition of the deceased patient. She has also referred to the papers and submitted that the case papers which have been referred clearly suggest that the case of death was due to "septicemia due to burn injuries" and it could be suicide as a result of harassment and ill - treatment. It was submitted that due to abuses on 30.6.92 where A -2 has abused and thereafter attempted to beat the deceased, the deceased committed suicide as stated in her statement Exh. 17. She therefore submitted that there was a direct connection with the act of suicide and instigation and the court below has failed to appreciate this aspect.