LAWS(GJH)-2016-4-116

STATE OF GUJARAT Vs. JAYENDRABHAI RUPABHAI DAMOR

Decided On April 06, 2016
STATE OF GUJARAT Appellant
V/S
Jayendrabhai Rupabhai Damor Respondents

JUDGEMENT

(1.) The present appeal, under Sec. 378(3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 20/01/2006 passed by the learned Additional Sessions Judge, Palanpur in Sessions Case No. 43 of 2005, whereby, the learned trial Judge acquitted the original accused -the respondent herein, of the charges for the offences punishable under Sec. 498(A) and 306 of the Indian Penal Code.

(2.) The brief facts of the prosecution case are that the complainant -Fatesinh Khatrabhai Parghi was residing at Motishero, Ta. Fatehpur, Dist. Dahod with his family and was living retired life. Pushpaben was one of daughters of the complainant and was married with accused before about eight years as per customs. Out of said wedlock, they got two children. The accused and Pushpaben were serving in police department and were residing at Deesa. As per the complaint, the accused did not like Pushpaben and he wanted to perform another marriage which was reason of disputes between Pushpaben and the accused. The accused used to beat Pushpaben. As and when Pushpaben came to her parental house, she complained about the same narrating such facts. Even in phone, she used to inform about the same. She was complaining that she was asked to leave the house and thereby the accused was torturing her physically and mentally. One month prior to filing of complaint, Vinod, son of the complainant went to Pushpaben's house. However, in presence of Vinod, the accused beat Pushpaben. It is further the case of the prosecution that on 05/11/2004, real brother of the complainant informed the complainant the his daughter Pushpa was subjected to burn injuries and was admitted to Civil Hospital, Ahmedabad. Therefore, on the same day, the complainant reached the Civil Hospital and met Pushpa. The complainant found his daughter in burnt condition. At that time, the accused and his relatives were also present there. At that time Pushpa was in fit state of mind and could speak. The complainant asked her about the incident and Pushpa informed the complainant about the disputes between her and her husband and informed that the accused pore kerosene upon her and set her on fire. Thereafter, other persons brought her first to Community Health Center, Amirgadh from where she was referred to Ahmedabad Civil Hospital. Dying declaration of Pushpaben was recorded wherein wish of the accused to marry with another lady was narrated. It was also narrated in the dying declaration that she was asked to leave the house. Therefore, the complainant had filed the complaint. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him and submitted the same before the Chief Judicial Magistrate, Palanpur where the case was registered as Criminal Case No. 748 of 2005 and later on the same was transferred to learned 3rd Joint Civil Judge (S.D.) Judicial Magistrate First Class, Palanpur. However, as the case being exclusively sessions triable, the same was committed before the Sessions Court, Palanpur as per Sec. 209 of the Code of Criminal Procedure where the case was registered as Sessions Case No. 43 of 2005. The trial was initiated against the respondent.

(3.) To prove the case against the present accused, the prosecution has examined several witnesses and also produced several documentary evidence.