SHANKARBHAI VELJIBHAI MOCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arises out of a judgment and order dated 29.8.97 rendered by the learned Additional Sessions Judge, Sabarkantha. Appellant herein was accused No.1, who along with 6 other accused persons, was charged with offence punishable under sections 306 and 498-A of the Indian Penal Code. By the impugned judgment, learned Additional Sessions Judge acquitted rest of the accused. The appellant was, however, convicted for the said offence and sentenced to rigorous imprisonment of 5 years and ordered to pay fine of Rs.5,000.

(2.) The prosecution case is that the appellant was the husband of deceased Anitaben. Anitaben committed suicide by hanging herself on 13th July 1993. Marriage of Anita with the appellant had taken place about a year and half before the incident. That Anita had committed suicide on account of the mental and physical torture and cruelty meted out to her by the appellant and other family members.

(3.) Sureshbhai, PW-2 who was examined at Ex.16 is the father of the deceased. He stated that marriage of his daughter Anita had taken place a year and half before the date of incident. His son-in-law, i.e. the appellant had thereafter gone to Mascat and returned from there about one and half month before the incident. After returning from Mascat, the appellant had gone to the house of the witness alone without taking his wife. After staying for a couple of days, he went back to his village at Malpur and returned to Bhuj a few days later with Anita. At that time, Anita was carrying marks of beating on her body. Upon being asked, she stated that her mother-in-law, brother-in-law and sister-in-law treat her with cruelty. She stated that her husband wants to get married again, because of which he is beating her. He was, therefore, not going to sent Anita back to her matrimonial home. However, the appellant requested and assured that such instances will not take place again. Upon such assurance, Anita was sent with him. On 13th July 1993, at night, he was on duty at Bhuj. His brother-in-law who works in Bhuj Telephone Exchange received a phone call stating that Anita has received a knife injury and she has got tetanus. Upon receiving such an information from his brother-in-law, he and his wife left home to reach Malpur. They left for Malpur on 14th July at night and reached there on 15th afternoon. Accused persons told him that Anita died by hanging herself.