LAWS(GJH)-2015-2-115

PUNAMBHAI RAMJIBHAI PATANI Vs. STATE OF GUJARAT

Decided On February 02, 2015
Punambhai Ramjibhai Patani Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THIS is an appeal by the original accused No.1 -appellant, herein, challenging the judgment and order of the learned Sessions Judge, Ahmedabad (for short, 'trial Court'), Dated : 19.07.1995, rendered in Sessions Case No. 401 of 1991, whereby, the trial Court convicted and sentenced the original accused No.1 -appellant as under,

(2.) THE trial Court, however, acquitted the original accused Nos. 2 to 6 of all the charges.

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the mother of the deceased, namely Shantaben, lodged a complaint before the Meghaninagar Police Station, wherein, she stated that she resides at Chamanpura, Ahmedabad, along with her family. It is stated in the complaint that the complainant has two sons and one daughter, i.e. the deceased, who was married to original accused No.1 about 10 years prior to the alleged incident. Out of the said wedlock, the deceased had given birth to two sons. It is stated in the complaint that after marriage, the deceased was residing in a joint family, i.e. original accused Nos. 2 to 6, and her husband, original accused No.1 -appellant, herein. According to the complainant, accused No.1 was not doing any work and he used to beat the deceased frequently under the influence of alcohol. It is, further, stated in the complaint that accused Nos.2 to 6 used to instigate accused No.1 and on account of that he used to beat the deceased, and therefore, the deceased frequently used to come to her parental house and used to complaint about the same. According to complainant, whenever deceased used to come to her parental house, accused No.1 used to come to the parental house of the deceased after consuming alcohol and used to beat the deceased. It is stated in the complaint that one day before the alleged incident, the deceased had come to her parental house and had complained to his father, in the presence of her two brothers, that she had been ill for about two months, but, neither accused No.1 nor original accused Nos. 2 to 6 care about her and that she is being harassed. However, the mother of the deceased persuaded and sent the deceased to her matrimonial home. Next day, i.e. on 01.11.1990, while the complainant and the others were sleeping, police came to her house and informed them that the deceased has sustained burn injuries. Therefore, the complainant went to the hospital and on inquiring from the deceased, the deceased told her that she has set herself ablaze. Thereafter, D.D. of the deceased came to be recorded. The complainant, then, lodged the complaint in question against original accused Nos. 1 to 6. The deceased succumbed to her injuries on 02.11.1990.