LAWS(GJH)-2014-12-24

STATE OF GUJARAT Vs. GULAM ASHRAFKHAN MAHENDIKHAN PATHAN

Decided On December 01, 2014
STATE OF GUJARAT Appellant
V/S
Gulam Ashrafkhan Mahendikhan Pathan Respondents

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 31.12.2002 rendered by the learned Additional Sessions Judge, 2nd Fast Track Court, Kheda at Nadiad, in Sessions Case No.114 of 2000. The said case was registered against the present respondent -original accused for the offences punishable under Sections 498A and 306 read with Section 114 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, the complainantBismillakhan Amjadkhan Pathan was residing at village Nasanda, Taluka: Nadia, District: Kheda. The complainant have four sons and two daughters. Elder daughter Tamijabanu was married with Aiyubkhan Yusufkhan Patahn and was residing at her matrimonial house and his younger daughterRehananbanu married to one Gulam Asharafkhan Mahendikhan Patan and residing with her inlaws since marriage. Initially, her marriage life was smooth, but his soninlaw not doing any work or business and he was unemployed and his daughter was often coming to his house. It is further the case of the prosecution that her daughter Rehanabanu was not like by her inlaws and they were quarreling with her and beating her under one pretext or another. The respondentsaccused were not giving any money to Rehanabanu for the household expenditure. The respondentsaccused were giving threats of driving her away and for divorce and they also gave cruelty and harassments to her. The complainant has stated that her daughter was subjected to physical, mental and economical torture, but not to spoil her married life, she was staying with her inlaws. It if further the case of the prosecution that on 12.02.2000, in the morning at about 9:00 o'clock, the complainant's nephew came to his house and told him that he received some telephonic message from Aiyubkhan at Halol that Rehanabanu was serious at village Borsad and therefore, immediately rushed to Borsad and reached at Government Hospital. On making inquiry, it was found that Rehanabanu was dead. Thereafter, the complainant found some ligature marks around her neck and she was not in dead condition. Later on, he came to know that Rehanabanu died by by hanging herself at her matrimonial house. As a result of which, the complaint was filed by the complainant at village Narsanda. Prior to filing of the complaint, on 12.02.2000, accused No.1Gulam Asharafkhan's uncle and accused No.1Mahendikhan Rahematkhan Pathan's brother declared that Rehanabany committed suicide by hanging herself and therefore, on the basis of such declaration, Borsad Police Station A.D. No.3 of 2000, was registered under Section 174 of the Code of Criminal Procedure and the said investigation was taken over by PW6, Lakhdhirsinh Prabhatinsh Zala. Thereafter, inquest panchanma was also drawn in presence of panchas through Executive Magistrate. Thereafter, panchnama of scene of offence was also drawn and dead body of the deceased was sent to Government Hospital for post Morten. The said case was registered as First Crime Register No.29 of 2000 under Sections 498A and 306 read with Section 114 of IPC against the respondentsaccused. During the course of investigation, statements of witnesses and the respondentsaccused were recorded and having found sufficient evidence against the respondentsaccused, the IO arrested respondentaccused Nos.1 and 2. Thereafter, the investigation was handed over to PSI Ansari, who arrested the remaining respondentsaccused. Thereafter, chargesheet was filed before the learned Judicial Magistrate First Class, Borsad on 07.04.2000 which was registered as Criminal Case No.531 of 2000. As the said case was exclusively triable by the Special Judge, learned JMFC committed the case to the Court of learned Sessions Judge, Kheda at Nadiad, which was numbered as Sessions Case No.114 of 2000.

(3.) ON the basis of above allegations, charge was framed vide Exh.7 and readover and explained to the accused for the offence punishable under Sections Sections 498A and 306 read with Section 114 of IPC. The respondentsaccused pleaded not guilty to the charge and claimed to be tried.