STATE OF GUJARAT Vs. BHARAT GOVINDBHAI SAMANI

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Assistant Sessions Judge, Jamnagar dated 05.04.2003 rendered in Sessions Case No.107 of 1998, whereby the learned Trial Judge acquitted the original accused opponents herein of the charges for the offences punishable under Sections 498(A), 306 and 114 of the Indian Penal Code (for short "IPC").

(2.) THE brief facts of the prosecution case are that deceased -Jayshreeben was married to accused no.1 -Bharat Govindbhai Samani four years prior to the incident and the deceased was residing at Village Surajkaradi along with accused no.1 and their son. It is further case of the prosecution that her elder brother -in -law, elder sister -inlaw and mother -in -law -accused no.2 were residing adjoining to her house. The accused used to harass her mentally and physically. It is further case of the prosecution that on the day of the incident i.e. on 17.03.1994, her husband left the house for his provision store at 7:30 a.m. She was alone in the house. Her mother -in -law -accused no.2 was going for drying the clothes by putting the same on a string. It is further case of the prosecution that the cycle of the son of the deceased was lying in the Falia and the said cycle created some obstacle to mother -in -law while putting the clothes for drying. Therefore, accused no.2 -mother -in -law started giving foul abuses to the deceased and was also taunting her. The mother -in -law used words that the deceased and her son are obstacles to her. It is further case of the prosecution that the mother -in -law further told the deceased to die and hereby to relive her and her son. Accused no.1 was also harassing her mentally and physically. On account of this harassment, the deceased pured kerosene on herself and set herself on fire. She was removed to Tata Hospital where the Police Constable recorded her complaint. That during the treatment, she succumbed to the burn injuries on 22.03.1994. However, before her death, the Executive Magistrate recorded her dying declaration. Thereafter, a complaint was lodged being I -C.R.No.22 of 1994 against the accused with Okha Police Station.

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Assistant Sessions Judge, Jamnagar, which was, thereafter, numbered as Sessions Case No.107 of 1998. Since opponents -accused did not plead guilty and claimed to be tried, they were tried for the alleged offences.