SUNANDABEN SHAMBHAJIBHAI MANGABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an application at the instance of an accused praying for regular bail in connection with the First Information Report being C.R. No. 11824001230291 of 2023 registered with the Vyara Police Station, Tapi for the offence punishable under Ss. 302, 120(B) and 114 of the IPC.

(2.) The prosecution version in brief is that in the year 2020, the daughter of the complainant, i.e, the deceased, namely, Anjali got married with one Rohitbhai Sambhajibhai Koli. As the said marriage was an inter-caste marriage, the family members were against the said marriage. It was a love marriage. It is alleged that since last two years, the deceased was residing with her husband Rohit at Vyara in the Vrundavan Dham Society on rent. It is alleged that on 24/3/2023, when the complainant was returning to his home from his work, at around 8:00 O' clock in the night hours, the complainant received a call from his another daughter to immediately reached to home. Therefore, the complainant immediately reached to his house where the daughter of the complainant, namely, Sneha told him that deceased Anjali is serious. Thereafter, the complainant disclosed the said fact to his employer Anilbhai, whereupon Anilbhai immediately reached to the house of the complainant in his car. Thereafter, the complainant went to Vyara General Hospital in the car of Anilbhai. Upon reaching there, he found his wife and daughter Priti crying and upon making inquiry from them, they told the complainant that Anjali was not well since last two days and therefore she was admitted to the hospital where the doctor declared her dead. It is alleged that thereafter they went to see the body of the deceased and found that there were some marks of injuries on her left cheek and on the neck. She was also frothing at the mouth. The fingers were also found to be bend. It is also alleged in the complaint that when the complainant asked Rohit about the same, he told that on the fateful day, at around 8:00 O' clock in the morning, he left the house and went to his shop at Songadh. His mother Sunandaben was there along with Anjali at the house. When Rohit returned to home at around 6:45 in the evening, he found Anjali sleeping and when he tried to wake her up, Anjali did not wake up. Therefore, when Rohit tried to wake her up by pulling her hands, her hands were found to be stiffed and there was foaming at the mouth. There were some injuries on her cheek. Therefore, Rohit started screaming due to which his mother and the people of the society immediately rushed there. Thereafter, the deceased was taken to the hospital where she was declared dead. A case of an accidental death also came to be lodged by the Rohit. Thereafter, the postmortem of the deceased was performed in which the cause of death is shown that the deceased died due to 'smothering'(to kill somebody by covering his/her face so that he/she cannot breathe). It is alleged that the wife of the complainant told him that whenever Anajli called her, she often complained that her mother-in-law used to make quarrel with her as she had a love marriage with her son. Hence, the impugned FIR.

(3.) Learned advocate Mr. Balram Jain has submitted that the criminal complaint was registered on 26/3/2023 and the present applicant-accused came to be arrested on 27/3/2023 and since then, she is in jail. The investigation has already been completed and the charge-sheet has also been filed by the concerned Investigating Officer. Learned advocate Mr. Jain has submitted that the applicant-accused has been arraigned as an accused on the basis of suspicion and the entire case of the prosecution hinges upon circumstantial evidence. It is further submitted that there is no eye-witness to the incident as no one has witnessed the same. Even the complainant is also a hearsay evidence and on the basis of assumption and presumption, charges have been levelled against the applicant-accused. Learned advocate Mr. Jain has further submitted that initially the FIR came to be lodged against two suspects, i.e, the applicant-accused and her son Rohit. However, at the time of submission of the charge-sheet, Rohit has been shown as witness and the other two persons have been arraigned as accused. It is further submitted that the son of the applicant-accused got married with the girl who belonged to Marvadi Community which was disliked by the applicant-accused and, therefore, the applicant-accused along with her husband, conspired to eliminate the deceased and as a part of such conspiracy they have acted in a particular manner by giving a contract to the accused No.3-Hiralal @ Anna Abhimanyu to kill the deceased by paying ransom. It is further submitted that the role attributed to the present applicant-accused is that at the time of commission of the offence, she was standing outside the house to see that no one comes. Learned advocate Mr. Jain has submitted that the son of the applicant-accused and the deceased were residing on the top floor and on the ground floor, the owner of the property was residing and as per the statement of the owner of the house, he did not see the applicant-accused standing outside the house on the fateful day.