STATE OF GUJARAT Vs. KHIMABHAI LAKHMANBHAI CHARAN

JUDGEMENT

(1.) This appeal is filed challenging the judgment and order passed by learned 3rd Additional Sessions Judge, Fast Track Court, Junagadh dtd. 14/12/2004 in Sessions Case No.56 of 2003 acquitting the respondents from the offences punishable under Ss. 306, 498(A) and 114 of the Indian Penal Code.

(2.) it is the case of the prosecution that First Information Report (FIR) came to be registered before the Keshod Police Station being II-C.R.No.3045 of 2003 for the offences punishable under Ss. 498-A and 114 of the Indian Penal Code (IPC) by the complainant, namely, Deviben wife of Khimabhai Lakhmanbhai stating that cruelty was meted out at the end of her husband and in laws under the pretext that marriage of brother of complainant solemnized with sister of the husband of complainant and complainant's brother is harassing to the sister of the husband of the complainant and therefore, on that cause, she was tortured and harassed by husband and in-laws. On 14/4/2003 at around 13.00 hours, all the accused quarreling with the deceased and started harassing for the same cause. Husband had stated that he would set ablaze by setting on a fire by pouring the kerosene. On the instigation, the complainant replied that I would set on a fire to myself instead of you set on fire to me. By saying so, she poured the kerosene on herself and set ablaze and received the burn injuries. On setting criminal law in motion, a statement of the witnesses were recorded. She succumbed to injury on 20/4/2003, therefore, Sec. 306 of IPC was added and the panchnama of place of offence were drawn as well as arrest panchnama were drawn. Medical Certificate as well as Dying Declaration, which was recorded by the Executive Magistrate was collected. On receiving the postmortem note, the charge-sheet came to be submitted before the learned Competent Court for the offence punishable under Ss. 498- A, 306 and 114 of the IPC, which was numbered as Criminal Case No.377 of 2003. As the said case is triable by the learned Sessions Court, it was committed to the learned Sessions Court and numbered as Sessions Case No.56 of 2003. On being satisfied with regard to receiving the charge-sheet papers by the accused, the charge was framed below Exh.1 against accused for the alleged offences. Plea was recorded below Exh.2, 3 and 4 wherein the accused had pleaded not guilty and claimed to be tried. To prove the case against the respondents-accused, prosecution had examined 13 witnesses and produced the 28 documentary evidences. On filing the closing pursis, further statement under Sec. 313 of the Code of Criminal Procedure was recorded and all incriminating material were put before the accused persons, however, the accused had denied the same and pleaded false implications. Accused No.3 had further stated in her statement that her marriage was solemnized at Bodka Village as she was conceived by, she came for the delivery at her parental house and she was falsely implicated in the present offence. She further stated that after offence was registered, baby girl was borne and she had taken the treatment at Keshod Hospital. She stated that deceased was mentally unfit and therefore, she committed suicide, she stated to be innocent and prayed to be acquitted from the charges.

(3.) List of prosecution evidence is reproduced herein below: