STATE OF GUJARAT Vs. PARBAT LAKHABHAI GORANIYA

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 27.07.2004 rendered by the learned Additional Sessions Judge and Fast Track Court No.5, Jamnagar, in Sessions Case No.125 of 2001. The said case was registered against the present respondents -original accused for the offences punishable under Sections -498A, 306 and 114 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, marriage of the daughter of the complainant -Bhikhabhai Kanabhai Agath was solemnized before a one year prior to incident with one Balu, son of Parbat Lakhabhai Goraniya, resident of village Govana, Taluka: Kalyanpur. On 25.01.2000, at about 2:00 p.m., when he was at his resident, Karsan Ranmal Goraniya came to his house and informed that his daughter Shantiben consumed poison and taken to Government Hospital, Porbandar. Therefore, he went to hospital hospital with his wife. When they reached the hospital, they came to know that his daughter Shanti expired. Son in law, his parents and other people were present there. It is further the case of the prosecution that after marriage, her in laws and husband were not permitting his daughter to come to his house and ever now by beating her causing her physical and mental torture. The reason for doing it is that father in law of his daughter was demanding Rs.1,00,000/ -from Devabhai Sarmabhai, son of the complainant's cousin and for getting the said amount, respondents -accused were causing her physical and mental torture and also pressuring her to bring Rs.2,00,000/ -from her parental home. However, as the financial condition of the complainant is poor, he was not in a position to give the same and hence, his daughter could not bear the mental and physical harassment and the cruelty for which she was subjected and she left with no alternative, but to consume poison and to commit suicide. As a result of which, the complaint filed by the complainant before the Kamlabag Police Station bearing registration No.C.R.No. -I 08 of 2000 for the offence punishable under Sections - 498A, 306 and 114 of the IPC against the respondentsaccused. Then, investigation was carried out and statements of the witnesses were recorded. Inquest Panchanam and panchama of place of offence were carried out. Dead body of the deceased was sent to the hospital for postmortem. Blood samples of the deceased was also taken and death certificate tagged with the papers. Then, respondents -accused were arrested and panchnama of physical condition of the accused was drawn. Then through ravangi note, recovered muddamal was sent to FSL for analysis. On receipt of the report of the FSL, charge -sheet was filed against the respondentsaccused before the learned Chief Judicial Magistrate First Class. As the said offences were exclusively triable by the Sessions Court, learned Chief Judicial Magistrate, committed the said case to the learned Additional Sessions Judge and Fast Track Court No.5, Jamnagar, which was numbered as Sessions Case No.125 of 2001.

(3.) ON the basis of above allegations, charge was framed vide Exh.3 and read -over and explained to the accused for the offence punishable under Sections -498A, 306 and 114 of IPC. Then, plea vide Exh.4 to 6 was recorded and respondent -accused pleaded not guilty to the charge and claimed to be tried. In support of the prosecution case, prosecution has examined four oral evidences : -