MOHANBHAI MANDUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Instant appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 ["Code for short"] questions legality of judgment dated April 7, 1997 rendered by the learned Additional Sessions Judge, Morbi, District : Rajkot, in Sessions Case No.51 of 1994, by which the appellant is convicted under Section 302 of the Indian Penal Code [ "I.P.C." for short] for causing murder of his wife Shila and sentenced to R.I. for life.

(2.) The facts emerging from the record of the case are as under : Mohanbhai Chhotubhai is resident of village Rohina, Taluka : Killapardi, District : Valsad. He had three daughters. Name of the eldest daughter was Shila. Marriage of Shila took place with the appellant on May 10, 1990. At the time of her marriage, Shila was prosecuting studies. The appellant was serving in Syndicate Bank, Morbi and was residing in Quarter No.265 of Block No.F/1 constructed by Gujarat Housing Board. After marriage, deceased Shila completed graduation at her parents' house, and thereafter started living with the appellant at Morbi. During the course of subsistence of her marriage with the appellant, deceased gave birth to a boy. Shila had addressed a letter to her father Mohanbhai. From the contents of the said letter, Mohanbhai learnt that the appellant was subjecting Shila to physical cruelty. However, no action was taken by Mohanbhai in the fond hope that relations between his daughter and his son-in-law would improve with passage of time. The incident in question took place on March 15, 1994. In the morning between 7.30 A.M. and 8.00 A.M. of the day of incident, Shila went to adjoining Quarter No.263 occupied by Dharmisthaben Ashwinbhai to get small quantity of curdling substance to make yoghurt. Dharmisthaben gave curdling substance to her and found that Shila was calm and composed. At about 8.30 A.M., the appellant went rushing down to quarter of Tajdinbhai Sunderjibhai Khoja, who was staying just below his Quarter and sought his help. The appellant took Tajdinbhai to his house. Because of shouts raised by the appellant, occupants of other Quarters also collected near door of house of the appellant. Tajdinbhai found that dead body of deceased Shila was hanging in kitchen with plastic cord around her neck. Tajdinbhai lifted body of deceased Shila a little high, whereas the appellant cut the cord with knife which was lying in the kitchen. After taking down the dead body of the deceased, it was laid on a cot. Thereafter, the appellant escaped from his house, though Tajdinbhai was in his house and several other persons had collected near door of his house. Before 9.00 A.M., appellant came rushing to the Quarter of Dharmisthaben and started knocking door of her Quarter. Dharmisthaben opened the door and found that people had gathered near her house. From the talks of the persons, who had collected near her house, she learnt that the deceased had committed suicide. At 9.00 A.M., the appellant went to the Quarter of Babubhai Dhulabhai Solanki, who was then Branch Manager of Syndicate Bank. The Branch Manager found that the appellant was nervous. The appellant informed the Branch Manager that something had happened to his wife and asked the Branch Manager to go to his house to find out as to what his little son was doing. The Branch Manager pacified the appellant and asked him to sit in his house. The Branch Manager and his wife thereafter went to the house of the appellant and found that dead body of the deceased was lying on a cot. The Branch Manager returned home at about 10.00 A.M., as he had to attend the Bank. He took the appellant with him to the Bank. Meanwhile, Tajdinbhai telephonically informed Morbi City Police Station at about 10.00 A.M. that wife of Patel residing in Quarter No.265 of Housing Board had committed suicide. On the basis of said information, Entry No.10/94 fit to be noticed, was made in Station Diary maintained at Morbi Police Station by P.I. Mr.B.J.Vasava. He addressed a yadi to Executive Magistrate Mr.Manubhai Becharbhai Uzaria and requested him to go to Room No.265 of Block No.F/1 of Housing Board for holding inquest on the dead body. Mr.Vasava thereafter proceeded in his Government jeep to go to the house of the appellant. On way, he met Deputy Superintendent of Police Mr.P.H.Ganatra and conveyed to him the information received from Tajdinbhai. As this was a serious incident, Mr.Ganatra expressed his desire to go with Mr.Vasava to the house of the appellant. After reaching the Quarter of the appellant, first of all Mr.Vasava contacted Tajdinbhai and ascertained from him whether information regarding suicide by wife of Mr.Patel was given by him. Mr.Ganatra and Mr.Vasava thereafter entered the house of the appellant and found that dead body of Shila was lying on a cot. Mr.Uzaria, who was then Executive Magistrate, came to the house of the appellant and held inquest on dead body of the deceased. Meanwhile, Mr.Solanki, who was Branch Manager of Syndicate Bank, brought the appellant to his house from the Bank at about 11.30 A.M. As the appellant was available at his house, Mr.Ganatra interrogated him. He produced a bunch of letters addressed by the deceased to him and vice-versa. He seized plastic cord lying on the floor as well as hanging from the hook which was fitted in the ceiling of the kitchen. He made arrangements to remove dead body of the deceased to Civil Hospital for postmortem examination and asked the medical officer in charge of hospital to get postmortem examination conducted by a panel of doctors. Mr.Ganatra drew panchnama of place of incident in presence of panch witnesses. He made arrangement to inform parents of deceased Shila about death of their daughter. Initially, Mr.Ganatra asked P.I. Mr.Vasava to get registered an entry in the police station diary regarding accidental death of deceased Shila. Accordingly, Mr.Vasava got Entry No.28/94 posted in the diary maintained at the police station regarding accidental death of the deceased. On reading letters addressed by the deceased to the appellant and by the appellant to the deceased, which were produced by the appellant before Mr.Ganatra, Mr.Ganatra noticed that relations between the appellant and the deceased were not cordial, but were strained. During interrogation of the appellant, Mr.Ganatra noticed that the appellant was making false pretence and trickery to show that he was worrying about suicide by his wife. Because of suspicious circumstances emerging from the facts noticed by Mr.Ganatra, he decided to inquire into the case himself. At the Civil Hospital, Morbi, autopsy on the dead body of the deceased was performed by a panel of doctors comprising Dr.Shobhaben G. Thirufuga and Dr.N.K.Mital. In the evening, Mr.Ganatra tried to know probable cause of death of the deceased from the doctors, who had conducted postmortem examination. He was informed that probable cause of death of the deceased was shock due to injury (rupture) of vital organs i.e. liver and spleen with ligature marks of hanging around the neck. Mr.Ganatra, therefore, lodged complaint against the appellant at Morbi City Police Station for commission of murder of his wife Shila. It was registered by Mr.D.R.Jadeja, who was then P.S.O. Of the police station. After registering the offence under Section 302 I.P.C. against the appellant, complaint lodged by Mr.Ganatra was handed over to Mr.Vasava for investigation. Mr.Vasava recorded statements of those persons who were found to be conversant with the facts of the case. Incriminating articles, seized during the course of investigation, were sent to F.S.L. for analysis. On completion of investigation, the appellant was chargesheeted in the Court of learned Judicial Magistrate First Class, Morbi for commission of offence punishable under Section 302 I.P.C.

(3.) As offence punishable under Section 302 I.P.C. is exclusively triable by a Court of Sessions, the case was committed for trial to the Sessions Court, District Rajkot, where it was numbered as Sessions Case No.51 of 1994. The learned Additional Sessions Judge, Morbi, to whom the case was made over for trial, framed necessary charge against the appellant at Exh.1. It was read over and explained to him. He pleaded not guilty to the same and claimed to be tried. The prosecution, therefore, examined (1) Dharmisthaben Ashwinbhai as PW.1 at Exh.4, (2) Tajdinbhai Sunderjibhai Khoja as PW.2 at Exh.6, (3) Manubhai Becharbhai Uzaria as PW.3 at Exh.7, (4) Panch Anilkumar Jethalal as PW.4 at Exh.9, (5) Panch Sureshbhai Nanjibhai as PW.5 at Exh.11, (6) Alarakha Bapusha as PW.6 at Exh.13, (7) Babubhai Dhulabhai Solanki as PW.7 at Exh.14, (8) Mukesh Motilal as Pw.8 at Exh.15, (9) Pravinbhai Babulal as PW.9 at Exh.18, (10) Rahim Mohmed as PW.10 at Exh.19, (11) Dharmendrasinh Surubha Jadeja as PW.11 at Exh.20, (12) father of the deceased i.e. Mohanbhai Chhotubhai as PW.12 at Exh.25, (13) Dr.Shobhaben Thirufoga as PW.13 at Exh.30, (14) Dy.S.P. Mr.Pravinchandra Harjivandas Ganatra as PW.14 at Exh.35, and (15) Investigating Officer Mr.Balubhai Zinabhai Vasava as PW.15 at Exh.40, to prove its case against the appellant. The prosecution also produced documentary evidence, such as, inquest report prepared by Executive Magistrate Mr.Uzaria at Exh.5, intimation by P.I. Morbi Police Station to the Executive Magistrate to go to the spot to hold inquest on the dead body of the deceased at Exh.8, panchnama of person of the appellant and collection of hair of the appellant at Exh.10, panchnama of place of incident after registration of accidental death of the deceased at Exh.12, panchnama of place of incident at Exh.16, panchnama indicating seizure of letters produced by the appellant before Dy.S.P. Mr.Ganatra at Exh.17, four letters by the deceased to her father Mohanbhai at Exhs.26 to29, postmortem notes of the deceased prepared by Medical Officer Ms.Shobhaben Thirufoga at Exh.31, complaint lodged by Dy.S.P. Mr.Ganatra at Exh.36, intimation by Dy.S.P. Mr.Ganatra to competent authority to inform relatives of the deceased about her death at Exh.49 etc. in support of its case against the appellant.