STATE OF GUJARAT Vs. HIRABHAI DAHYABHAI & 3

JUDGEMENT

(1.) THESE appeals arise out of the judgment of the learned Additional Sessions Judge, Bhavnagar, dated 16.06.1994 in Sessions Case No.96 of 1991. Original accused were charged with the offence punishable under Section 302, 304B, 498A read with Section 114 IPC. The learned Judge acquitted all the accused for the offences under Sections 302 and 304B IPC and all accused except accused No.2 Rameshbhai Hirabhai were acquitted for the offence under Section 498A of IPC. Raeshbhai Hirabhai husband of the deceased was convicted for the offence under Section 498A and sentenced to undergo R.I. for 3 years. The State has, therefore, preferred Criminal Appeal No.837 of 1994 against acquittal. The convicted accused has filed Criminal Appeal No.650 of 1994 challenging his conviction.

(2.) LEARNED advocate Shri Adil Mirza pointed out that respondent No.3 in State appeal, Kashiben Hirabhai, has expired. He placed on record her death certificate. State appeal, therefore, qua respondent No.3, abates. He further stated that he would be appearing for the appellant in conviction appeal No. 650 of 1994. The Registry shall accept his Vakalatnama.

(3.) BRIEFLY stated, the prosecution version was that deceased Rambhaben sister of the complainant, was married to accused No.2 Rameshbhai Hirabhai about a year before her unnatural death. The marriage from the outset was not a happy one. The husband and the other inlaws did not like the bribe. They were dissatisfied with the dowry that she has brought. She was constantly harassed and tortured and also physically beaten often times by her husband, father and motherinlaw and sistersinlaw. On 12.03.1991 she died of head injury. According to the prosecution, she was done to death on suspicion of having stolen valuable articles of the sisterinlaw. The inlaws had already prepared for the final rites. He, however, insisted for postmortem of the dead body. Dhirubhai Haribhai the complainant eventually lodged his complaint which is produced at Exh.14. During the course of the trial, prosecution examined various witnesses and produced documents. Dhirubhai Haribhai complainant was examined at Exh.13. He deposed that after the marriage, his sister's life was normal for initial 3 months. However, thereafter when her sister came to his house, she has complained about the illtreatment by the inlaws. Since they did not like her, they even beaten her up, also accusing her for not bringing enough dowry. She stayed with the complainant for about 2 to 3 months after which her husband came and took her back. A month later, she again returned to his house, again complaining about the illtreatment and physical assaults. She stayed there for a month before her inlaws took her back. Only a week leter, she returned and stayed with him for 2 months complaining about illtreatment by the inlaws.