STATE OF GUJARAT Vs. RAVJIBHAI TRIKAMBHAI PATEL

JUDGEMENT

(1.) This appeal is filed by the State, challenging the judgment of the learned Additional Sessions Judge, Nadiad dated 11.06.1992 passed in Sessions Case No.62 of 1992. Respondents were original accused No.2 and 3. They alongwith their son Mahesh Ravjibhai were charged with offenses punishable under Section 498A, Section 306 and Section 304B read with Section 114 of the Indian Penal Code and Section 3 of the Dowry Prohibition Act. All the accused were acquitted by the trial Court. The State preferred appeal only against accused No.2 and 3, dropping further proceedings against the accused No.1.

(2.) Briefly stated, the prosecution version was that deceased Meenaben was married to accused No.1Mahesh Ravjibhai. Accused No.2 and 3 were fatherinlaw and motherinlaw respectively. All the accused used to harass her and demand dowry. Tired of such harassment, Meenaben consumed poison on 15.10.1991, due to which she later on died. The entire prosecution case rests on the dying declarations made by the deceased, one before the Executive Magistrate and another before the Police which was recorded in form of the FIR. The learned trial Judge found major discrepancies between the two statements of the deceased. In the opinion of the trial Court there was doubt about the Executive Magistrate recording the dying declaration in absence of the relatives and the police. Further even the cause of death was not clearly established. Primarily on such grounds the trial Court acquitted all the accused. In order to judge the correctness of this decision, we may take note of the evidence on record. The gist of the evidence is as under.

(3.) Jashvantsinh Natvarlal Bhatt, PW1, was the executive magistrate. According to his deposition, on 15.10.1991 he received a Yadi from police (Exh.13) for recording a dying declaration. He went to the Kheda Civil Hospital at about 3'O clock, where Meenaben was under treatment. At about 3'O clock in the afternoon, he obtained the endorsement of the Doctor that the lady was conscious. He thereafter, proceeded to record the dying declaration. As per his deposition and the dying declaration Exh.14 Meenaben had narrated that on the date of incident she had traveled by bus from her village at about 8'O clock and reached Nadiad. From Nadiad, she took another bus to reach Ahmedabad to go to her parents' house. She was being illtreated by her fatherinlaw and motherinlaw for not having brought sufficient dowry. She was therefore going to her parents' place. On 15.10.1991 when at Kheda busstand she found a bottle, presuming that there must be poison in the bottle, she drank it. After 5 minutes, she lost consciousness. She therefore did not know who brought her to the hospital. In such dying declaration, she specifically exonerated her husband, her husband's brother and sister. She clarified that though the husband had picked up the habit of drinking liquor since about one year, he never harassed her but he had no say in the matter against his parents.