STATE OF GUJARAT Vs. DILIPBHAI DHANJIBHAI PIPALIA

JUDGEMENT

(1.) This appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, is preferred by the appellantState, against the order of acquittal passed by the learned Presiding Officer, Fast Track Court NO.5, Rajkot, in Sessions Case No. 139 of 2003, whereby the respondents are acquitted from the charge of offence levelled against them punishable under Sections 498A, 304B,306 and 114 of I.P.C.

(2.) As per the complaint given by the complainant Kalubhai Naranbhai Rakholiya on 20.04.2003, when eldest daughter named Renukaben who was married with accused No.1 Dilipbhai Dhanjibhai Pipaliya on 26.05.2002 and living in a joint family with her husband, fatherinlaw A3, A4 Motherinlaw, A2 brotherinlaw and other elder brotherinlaw and sisterinlaw, died due to hanging. On the eve of 15.04.2003 around 17:00, the complainant received information that his daughter was sick, and therefore, he along with his wife went to matrimonial home of their daughter where, fatherinlaw of Renukaben told them that Renuka had hanged herself and was taken to the Civil Hospital. Soon thereafter, the complainant and his wife also went to civil hospital, where they saw the dead body of their daughter. The complainant and his wife were taken aback and broke down due to shock on seeing dead body of their daughter. On the next morning, post mortem was arranged and even they had attended the cremation of their daughter arranged by her inlaws. In addition to the above, the case of complainant is that of harassment of Renukaben, both mentally and physically for about six months and for not doing the household work she was insulted often and reprimanded for not cooking well. That daughter of the complainant was not allowed to visit her parental home, not even on the days of festival etc. Thus, harassment was meted out to her by her inlaws. Even allegations were levelled against inlaws about demanding Rs.25,000/ towards dowry from her parents, when marriage of younger brotherinlaw of Renukaben was arranged.

(3.) Thus, in brief the case of the complainant was of causing physical and mental cruelty, demand of dowry and harassment to their daughter and tired of all such incidences and conduct on the part of the inlaws, Renukaben had committed suicide by hanging herself on 15.04.2003.