HINABEN HARISHBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has filed this appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973, challenging legality and validity of judgment and order dated 19/07/1988 passed by the learned Addl. Sessions Judge, Surat in Sessions Case No. 137 of 1987 whereby she is convicted under Secs. 302, 307 and 309 of the I. P. Code and sentenced to R. I. for life for the offence under Sec. 302 of the I. P. Code. The learned Addl. Sessions Judge has not imposed any sentence on the appellant under Secs. 307 and 309 of the I. P. Code. Brief facts as unfolded at the trial are as under :

(2.) The appellant who was married with PW 10 Harishbhai Maganbhai Patel was residing at Ichhapore, Surat. Out of the wedlock she had one son Sandip and one daughter Bhavna. It is alleged that the husband of the appellant did not like her. She was, therefore, harassed, beaten, ill-treated and subjected to cruelty by her in-laws. In a fit of disappointment and annoyance she tried to commit suicide on 7-6-1987 at about 10-15 a.m. with her two children. It is alleged that with the intent to cause death of her son and daughter, she threw away her daughter Bhavna in river Tapi and thereafter, along with her son Sandip jumped in the river so as to commit suicide. At the relevant time, the personnel of the Fire Brigade of Surat Municipal Corporation were searching dead body of another person in river Tapi. The personnel of the Fire Brigade noticed the appellant jumping in the river and rescued her and her son Sandip. Fire Brigade Sub-Officer Mr. Ishwarbhai Narsinghbhai Patel caught hold of the appellant and her son Sandip and brought them out of the water. Mud and water which had entered into the mouth of the appellant and her son were drained out by the personnel of the Fire Brigade and the appellant and her son were sent for medical treatment to Maskati Hostipal, Surat. Police Constable Abhesinh Balubhai who was on duty at the Maskati Hospital, sent a message to the Rander Police Station about the incident and an offence was registered against the appellant under Secs. 309 and 307 of the I. P. Code. On 9-6-1987, dead body of Bhavna was found from river Tapi. Police Inspector Mr. Jadeja, of Rander Police Station, who was in charge of the investigation held inquest on the dead body of Bhavna and sent it for post-mortem examination to the New Civil Hospital, Surat. P. I. Mr. Jadeja prepared the panchnama of the scene of offence and recorded statement of the appellant. Yadi was sent to the Executive Magistrate to record the dying declaration of the appellant. In the meantime, Dy. Supdt. of Police Mr. Antani took over the investigation and recorded statement of the witnesses. On receipt of the yadi, Executive Magistrate Mr. Rameshchandra Pranshanker Joshi reached Maskati Hospital and recorded the dying declaration of the appellant. P. I. Mr. Jadeja, who was in charge of the investigation got prepared the map of the scene of offence and obtained the certificate indicating injuries sustained by the appellant. After completing investigation, P. I. Mr. Jadeja submitted charge-sheet against the appellant under Secs. 302, 307 and 309 of the I. P. Code, in the Court of the learned Chief Judicial Magistrate, Surat. As the offences under Secs. 302 and 307 are exclusively triable by the Court of Session, the learned Magistrate committed the case to the Sessions Court, Surat for trial.

(3.) The above case was numbered as Sessions Case No. 137 of 1987 in the Court of the learned Addl. Sessions Judge, Surat. Charge Ex. 2 was framed against the appellant under Secs. 302, 307 and 309 of the I. P. Code. The charge was read over and explained to the appellant, who pleaded not guilty to the charge and claimed to be tried. 4. In order to prove the charges against the appellant, the prosecution examined following witnesses :