STATE OF GUJARAT Vs. BALUBHAI FATAJI VAGHELA

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant, State of Gujarat under Section 378(1)(3) of the Cr. P.C., against the Judgment and order dated 22.02.2005 rendered by the learned Additional Sessions Judge, 4th Fast Track Court, Himatnagar, in Sessions Case No.02 of 2004. The said case was registered against the present respondentsoriginal accused for the offences punishable under Sections -306 and 114 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, complainantRajesh Mansukhbhai Vaghela, resident of Vaghelvas, Opposite Civil Hospital, Himatnagar, District: Sabarkantha was serving as a Clerk in Khetiwadi Uttar Buniyad Ashramshala, Abhapur, Taluka: Vijaynagar and maintaining his family. The father of the complainant committed murder and police case was also registered in this regard. Complainant's father established one trust. At the time of the death of the father of the complainant, the complainant was minor. Therefore, the management of the said trust was handed over to his maternal uncle by the mother of the complainant on oral condition was that when their sons become major, the management of the trust would be given to them, under which there were 12 institutions. The complainant and his elder brother Dilipbhai became adult and hence, the deceased (mother of the complainant) Manjulaben asked to handover management/administration of the said trust. At that time, maternal uncle got excited and refused to handover administration/management of the said trust and was playing tactics with a view to harass by hook or crook. The said torturing was being suffered by the deceased and she was tolerating the same, but when such torturing crossed its limits, the deceased committed suicide on 20.06.2003. After the death of the mother of the complainant, the letter which can be considered as death note was received, wherein, it was stated that the respondentsaccused were subjecting to her to torture and therefore, she committed suicide. As a result of which, the complaint was filed by the complainant before the Himatnagar Town Police Station against the respondents -accused for the offence punishable under Sections -306 and 114 of IPC. Thereafter, the investigation was carried out and statements of the witnesses were recorded. Dead body of the deceased was sent for PM and inquest panchnama was drawn. Panchnama of place of offence was also drawn. Recovered chit was tagged with the investigation papers. Other papers in hand writing of the deceased were also recovered under panchnama, which were sent to FSL and opinion of the FSL was also obtained through ravangi note. After receiving the report from FSL, charge -sheet was filed against the respondents -accused before the learned Chief Judicial Magistrate First Class, Himatngar. As the said offences were exclusively triable by the Sessions Court, learned Chief Judicial Magistrate, Himatnagar, committed the said case to the learned Additional Sessions Judge, 4th Fast Track Court, Himatnagar, which was numbered as Sessions Case No.2 of 2004.

(3.) ON the basis of above allegations, charge was framed vide Exh.5 and read -over and explained to the accused for the offence punishable under Sections -306 and 114 of the Indian Penal Code. Then, plea was recorded vide Exh.6 and 7 and respondents -accused pleaded not guilty to the charge and claimed to be tried. In support of the prosecution case, prosecution has examined four oral evidences : -