STATE OF GUJARAT Vs. AARATBHAI SAYABABHAI PATEL

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 15.5.2004 rendered by the learned Additional Sessions Judge, Fast Track Court No.2, Godhra, in Sessions Case No.386 of 2003. The State has challenged the acquittal of the accused from the charges under Section 306 of the Indian Penal Code.

(2.) THE case of the prosecution is that the complainant Jokhanabhai Galabhai Bariya has filed a complaint in the Morwa Police Station on 17.08.2003 stating therein that his son Narvatbhai Jokhanabhai Bariya had two daughters and a son. Out of two daughters, Ushaben was married with Aaratbhai Sayababhai Patel of Village Kanpur five years back as per the customs of the society. His daughter -in -law, wife of Narvatbhiai had expired and his son was doing labour work at Surat. At the initial stage of marriage the family life of Ushaben was running smoothly. Aaratbhai was going to labour work in the State of Maharashatra and he was spending the amount of wages earned by him by drinking liquor and also by keeping illicit relation with girls of neighbouring village. Therefore, Ushaben was trying to advice him to improve. Therefore, he was beating her and also telling that he did not want to keep her, and also asking her to go from his house or to die. Hence, Ushaben was coming to the house of the complainant and informing about such incident and thereafter they used to convince her to go back to her husband's place. As her husband was beating she was coming to the place of complainant and with the help of panchas compromise was also arrived and as a result of it her husband had given in writing that he would take proper care of Ushaben and thereafter taken her with him and thereafter Ushaben, her husband, parents -in -law, were residing jointly. On 12.08.2003, Ushaben came alone to the place of the complainant and after staying for some time, she went back to her husband's place. On 17.08.2003 when complainant was at home at about 9 o'clock in the morning a boy from Kanpur Village came to them and informed that on previous night Ushaben fell in to well and died. Therefore the Sarpanch, Arjunbhai Kalubhai, Govindbhai, Lakhiben and others went to Kanpur village. When they reached there, a police personnel and Mamlatdar were present there and Aaratbhaj was removing the dead body of Ushaben from the well by tying the rope to the cot. They informed that on previous night, Ushaben went to the well to fetch the water and by falling into the well, she had died. Therefore, it was the complained by the complainant that as husband of the deceased was drinking liquor and keeping illicit relation with girls of neighbouring village, beating her, she was trying to improve him by advising good words. However, he was beating her telling her that he did not want to keep her and he has also told her to go away from his house and therefore because of physical and mental torture of her husband as she could not tolerate the same on 16.08.2003 at the night she fell into the well and committed suicide because of harassment caused by her husband. With these allegations, the complaint was filed.

(3.) MS .Bhatt, learned APP appearing for the State has submitted that the order of acquittal for offence under Section 306 of IPC is against law and evidence on record. She submitted that the learned Judge has erred in not appreciating the evidence on record. She submitted that it is found that the accused was spending money by drinking liquor and also keeping illicit relation with the girls of neighbouring village therefore to improve him deceased as giving advice to him because of it he was getting provoked and telling that he did not want to keep her and asking her to go away from his house and also beating her every now and then and thereby causing her physical and mental torture hence committed offence punishable under Section 498[A], however, the Learned Judge has erred in holding that the accused has not committed an offence punishable under Section 306 of IPC. She submitted that the learned Judge also failed to appreciate that on 16.08.2003 at about 20.30 hrs the deceased Ushaben by getting frustrated because of physical and mental harassment caused by her husband committed suicide and thereby accused has committed an offence punishable under Section 306 of IPC. She also submitted that the learned trial Judge has not properly appreciated the evidence produced before it by the prosecution to prove the case against the accused for offence under Section 306 of IPC. She also submitted that The appellant submits that to appreciate that the PW 6 Dr.Lalitkumar Virabhai Desai, Medical Expert was examined at Ex.18. In his evidence, he has clearly stated that the age of deceased Ushaben was 25 and she had pregnancy of about 6 months and there was a male child in her womb. The evidence of Jokhanabhai Galabhai Bariya PW 1 who was examined at Ex.10 has clearly stated that the accused was spending money in drinking liquor and keeping illicit relation with the girls of neighbouring village and when the deceased was advising him to improve he was getting angry and beating her every now and then because of that very often she used to come to the complainant and complained about the same. However, with the help of Panchas compromise was arrived at and she was sent back on the assurance of the accused that he would take proper care of her. The witness Arjunbhai Kalubhai PW 2 was examined at EX. -12. He was also supporting the evidence given by Jokhanabhai Galabhai Batiya. Another witness Narvatbhai Jokhanabhai PW 3 was examined at Ex.13 in support of the prosecution case. He is also supporting the said case as narrated in FIR wherein it was clearly stated that the accused was spending money in drinking liquor and also keeping illicit relation with girls of neighbouring village and as and when deceased was advising him to improve he was getting angry and beating her. Therefore it is very clear from the aforesaid evidence that the accused was spending money in liquor and also behind the girls of the neighbouring village by keeping illicit relation with them and as and when the deceased was advising him to improve he was getting angry and beating her and driving her away from his residence.