STATE OF GUJARAT Vs. BIRBALSINGH CHENSINGH VAGHELA

JUDGEMENT

(1.) THE State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 20.3.2004 rendered by the learned Additional Sessions Judge, Banaskantha at Deesa in Sessions Case No. 107 of 2002. The said case was registered against the present respondent original accused for the offence under Sections 498 -A, and 306 of the Indian Penal Code.

(2.) THE case of the prosecution is that the complainant Jaravarsinh Kanchusinh Chauhan has lodged the FIR being C.R. No. I -08/2002 at Panthavada Police Station alleging inter -alia that on 30.01.2002 at about 4.00 o'clock, the daughter of the complainant Monba, made telephone call at the residence of elder brother of the complainant Dhupsinh stating that "kindly come earlier as soon as possible Birbalsinh is beating me severely'. This message was transmitted to the complainant through his wife and as a result of which, the complainant along with Virsinh Bhavansinh arrived at Nandona village by Jeep and met Monba. At that time Monba repeatedly told the complainant that "As my elder Brother -in -law (Jeth) Rajusinh won in the election of the Panchayat and invited me for dinner at the well of the field, Birbalsinh has beaten me, as they were not at good terms during the election time". As the Complainant met Chensinh at his residence and discussed about the ill -treatment meted out to the Monba by Birbalsinh, at that time Chensinh demanded jewellery, one buffalo but the complainant was not in a position to satisfy the demands of the accused persons and the complainant denied the same and requested to send Monba at his home, however, the accused person declined to send her with him. As a result of which, the complainant along with Virsinh returned back at their village and discussed the matter with the brother and his wife. Thereafter, on 30.01.2002 at about 4 O' clock, a telephone message was received from village Nandona at the residence of the brother of complainant Dhupsinh stating that "Monba has fallen herself into well, kindly intimate to Joravarsinh". After hearing this news, complainant along with his family reached at the Village -Nandona and saw the dead body of Monba. It was found that she was in a dead condition and had two blows over the head and blood was clotted into the hairs. There were some injuries over the neck region as well as right knee. The complainant alleged that accused Birbalsinh after inflicting the fatal blows to deceased Monba thrashed her into the well and thereafter ran away from the scene. Accordingly, the complaint came to be filed.

(3.) IN order to bring home the charges against the accused, prosecution has examined following witnesses: