STATE OF GUJARAT Vs. GOPKUMAR CHALLAPAN PILLAI

JUDGEMENT

(1.) This appeal is of 1994. Since last 21 years, the office has not been able to serve the accused. The State has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 31.3.1994 rendered by the learned 2nd Extra Assistant Sessions Judge, Bharuch in Sessions Case No.168 of 1993. 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 accused was married to Miniben since last 2 1/2 years. However, since last three months, he was not giving any money to run the household and had sold off the golden ornaments namely ring, bracelet, etc. It is further alleged that despite Mini's repeated requests/demands to bring back those ornaments, accused had not done so, on the contrary, he was demanding Rs.25,000/- cash and golden ornaments and, therefore, was torturing and ill-treating her to the extent that she would be driven to commit suicide. It is further alleged that because of the illtreatment, on 6.6.1993 at about 17.00 hours at the residential staff quarters of Cellulose Products (I) Limited, Pungam, Ankleshwar, Miniben locked herself in the house and poured kerosene on her body and had ignited herself and committed suicide. It is alleged that thus, the accused drove Mini to terminate her life.

(3.) Ms.C.M.Shah, learned APP appearing for the State has submitted that the learned Judge ought to have appreciated that there was both physical and and mental torture to the victim at her matrimonial place and there is sufficient evidence which goes to show that there were enough circumstances in which a lady could commit suicide on account of physical and mental torture. She also submitted that the Court below has erred in discarding the prosecution witness without assigning good and cogent reasons. She submitted that the trial court ought to have seen that Dr. L. S. Rathod was examined Exh.6 and in his evidence, he has stated that he had found 3rd degree burns on face, neck, chest, abdomen, leg, etc. of the body. It is also in his evidence that the lady might have died because of the shock as a result of' several intensive burns of 90%. She also submitted that Somabhal Ishwarbhai Patel, P.W.2 examined at Exh.8 has stated in his evidence that Miniben had been married to the accused before 2 1/2 years and accused Gopkumar Pillai was working with Cellulose Products (I) Ltd. It is also in his evidence that accused was not getting the salary since last 3 months. He had sold off the golden rings, bracelet or his wire and Mini was repeatedly telling him to get the same back, however, the accused was not complying with the requests and on the contrary was harassing and torturing her. It is also in his evidence that on 6.6.1993 at about 5.00 PM in the evening Mini poured kerosene over her body and burnt herself.