STATE OF GUJARAT Vs. TAPUBHA BHAGWANJI

JUDGEMENT

(1.) This appeal is directed against the acquittal of the respondents Nos. 1 to 5 (who were original accused Nos. 1 to 5) under the judgement and order dated 27th September, 1984 of the Sessions Judge, Surendranagar in Sessions Case No. 33 of 1984. The respondents alongwith others, the original accused Nos. 6 to 17 were tried for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code, read with Section 114 of the Indian Penal Code, in connection with the alleged murder of a young bride Manharba, who was at the relevant time i.e. during the night between 13.5.1984 and 14.5.1984 residing with her in -laws the respondents Nos. 1 to 5 at village Olak. The prosecution version is that Manharba, daughter of Mohabatsinh Nanubha of village Chotila was got married about 2 years prior to the date of the incident with one Dilubha, son of the respondent No. 1 Tapubha Bhagwanji at village Olak. After her marriage, she started residing at village Olak with the respondents Nos. 1 to 5 while her husband Dilubha was serving at Bhavnagar and residing there. The respondent No. 2 Prabhaben was her mother -in -law while the respondent No. 3 Bababa was her husband's sister. The respondent No. 4 Dolubha was her husband's elder brother while respondent No. 5 Chandubha was her husband's younger brother. The original accused Nos. 6 to 17 were distant relatives of the accused No.l Tapubha and were residing in the same village. Olak is a village having a population of about 1600 souls.

(2.) It is the prosecution case that soon after the marriage, the accused Nos. 1 to 5 started ill -treating Manharba as they were dissatisfied with the dowry given to her. She had complained of ill -treatment when she visited Chotila soon after her marriage. On her first visit she stayed with her father at Chotila for nearly 1 months and during that period she complained that she was being ill -treated and not supplied sufficient food by her mother -in -law and sister -in - law. She also complained of being taunted by her in -laws for bringing insufficient dowry at the time of her marriage. Thereafter, the accused No.1 Tapubha and his wife's sister came to Chotila to take Manharba with them. After she was taken to Olak, Manharba wrote a letter to her father Mohabatsinh complaining that she was ill -treated by the accused Nos. 1 to 5 and that they were beating her and not giving her sufficient food. Her father Mohabatsinh therefore went to village Olak and brought her to Chotila. At that time she was not allowed to take her ornaments by the accused Nos. 1 to 5 and was sent only with a pair of clothes. At that time also Manharba complained to her father and her cousin brother Parbatsinh that the accused - Nos. 1 to 5 were ill -treating and beating her and she was not given sufficient food. She had slated that she was being ill -treated by them because of less dowry given to her during the marriage. Thereafter, the accused No.1 Tapubha and one Khumansinh of his village came to Chotila after about 1 months and they asked Mohabatsinh to send Manharba. Mohabatsinh refused to send her with them saying that she was being ill -treated at Olak. At that time Khumansinh given assurance that if she is sent to Olak, she would not be ill -treated and that she would thereafter be sent to stay with her husband Dilubha at Bhavnagar. Thereupon, she was sent alongwith the accused No. 1 Tapubha and Khumansinh to village Olak again. She was however, not sent to Bhavnagar on the ground that her husband was not able to find a suitable house at Bhavnagar.

(3.) Thereafter, Mohabatsinh received a letter Ex. 24 from one Madhubhai Thakarshi of Olak in which he was asked to come to village Olak under some pretext. Mohabatsinh therefore went to Olak and brought Manharba again to Chotila. At that time also she complained that the accused Nos. 1 to 5 were beating and harassing her. She had told Mohabatsinh that if she will be again sent to Olak, she would be murdered by the accused Nos. 1 to 5. Manharba was thereafter not willing to go to Olak. After about 3 to 4 months one Meghubha, a Police constable who is the husband of the sister of the accused No. 1 Tapubha came to Chotila with his wife. They met Mohabatsinh and asked him to send Manharba to Olak, but Mohabatsinh refused to send her on the ground that she was being ill -treated by the accused Nos. 1 to 5. Meghubha, however, requested Mohabatsinh to send Manharbha at the time of marriage of his daughter, which was to take place after about 2 months. Meghubha assured Mohabatsinh that Manharbha would be treated well. After about 2 months, accused No. 1 Tapubha and Meghubha came to Chotila and asked Mohabatsinh to send Manharbha to Olak as the marriage of Meghubha's daughter was fixed. Manharba's husband Dilubha was to attend that marriage. However, Mohabatsinh and his brother Hematsinh refused to send her, stating that she was being ill -treated by licensed Nos. 1 to 5. Meghubha gave an assurance to them that alter the marriage ceremony was over, she would be sent alongwith her husband Dilubha to Chotila. Mohabatsinh and Hematsinh thereupon sent Manharba to Olak to attend the marriage of Meghubha's daughter. After about 8 -10 days, on 14 -5 - 1984 in the afternoon, a message was received through the original accused Nos. 15 and 16 that Manharba had died on account of burns early in the morning and she was cremated.