STATE OF GUJARAT Vs. JITESHBHAI NATHABHAI MAHIDA VANKAR

JUDGEMENT

(1.) The appeal, arising from the acquittal judgment and order under Sec. 378 of the Code of Criminal Procedure, 1973, is filed by the State challenging the judgment and order dtd. 3/11/2007 passed by the Presiding Officer, 3rd Fast Track Court, Gondal Camp at Upleta in Sessions Case no.2 of 2007. The offence was registered under Ss. 498A, 306 and 114 of the Indian Penal Code, 1860 with Upleta Police Station, Rajkot.

(2.) The charge was drawn below Exh.1 by the Presiding Officer on 17/4/2007 to note that the complainant's daughter Bhavnaben had married to accused no.1 one year prior to the incident. Accused nos.2 and 3 are brother-in-law and sister-in-law of the accused no.1 while accused no.4 is the mother of accused no.1. The charge further notes that the brother-in-law and the sister-in-law, accused nos.2 and 3 were staying besides them and the deceased was staying along with the accused-husband and accused no.4 - mother-in- law. During that period, by instigation of each other, they used to harass her during her matrimonial life that she does not know how to do the household work, nor has she brought anything from her parental house. The charge states that because of such cruelty, the accused have abetted the deceased to commit suicide and thereby, on 20/7/2006 at about 20:00 hrs. at Vadla Village, she took the last step by consuming poisonous medicine.

(3.) Mr. Rohan H. Raval, learned APP has submitted that the evidence has not been appreciated in right witnesses in support of the case. The documentary evidence was also available on record to corroborate the oral evidence. Mr. Raval has submitted that the judgment suffers from perversity as there are not legal or factual aspects on record. Mr. Raval has also stated that the learned Judge was required to draw the presumption under Sec. 113A of the Indian Evidence Act, 1872 since the suicide was after four months of marriage. Mr. Raval has further stated that it was the duty of the accused to explain how and under what circumstances, the death of the deceased had occurred in their residence and what was the reason for her to commit suicide. Learned APP has submitted that the learned Judge has failed to appreciate the provisions of law and has failed to consider the evidence on record that after marriage, all the four had mentally and physically harassed the deceased by stating that she was not knowning any work and the cruelty subjected to her was the cause of inducement to commit suicide.