JAYANTIBHAI KHANABHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant orig. accused has filed this appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order dated 17.07.2006 passed by the learned Additional Sessions Judge, 4th Fast Track Court, Panchmahals at Godhra in Sessions Case No.14 of 2006 wherein the appellant has been convicted for the offence punishable under Section 498-A and 307 of the Indian Penal Code. The appellant accused was sentenced to R.I. of one year and fine of Rs.500/- and in default thereof, to undergo S.I. of three months for an offence punishable under Section 498-A of the Code. The appellant accused was also sentenced to R.I. of 10 years and fine of Rs.21,000/- and in default thereof, to undergo S.I. of one year. Both the sentences were ordered to be undergone by the appellant simultaneously. The learned Sessions Judge has also held that out of fine of Rs.21,000/- that has been imposed, if the said amount is paid by the appellant, a sum of Rs.20,000/- was ordered to be paid to the victim.

(2.) The case of the prosecution as revealed from the complaint and unfolded during the course of trial, is that one Mr. Moghabhai Kalubhai Vankar, the father of the victim has filed the complaint against the present appellant accused stating therein that his daughter got married with the appellant accused and after her marriage, she has been working as a Nurse in a private hospital, namely, Shraddha Hospital at Lunavada. Her husband Jayantibhai Khanabhai Vankar, her father-in-law Khanabhai Dholabhai and her mother-in-law Kesarben were beating her physically for about last one year by saying "you are not serving and you are characterless and you are having illicit relation at Lunavada" and thereby were giving harassment mentally. His daughter, being displeased, was coming to his place frequently and he was sending her back to her in-laws after persuading her. It is also the case of the prosecution that on 25.09.2005, Khanabhai Nathabhai Vankar, a resident of Motipalli sent a message at about 1.00 O'clock in the afternoon that his daughter has received burn injuries at her in-laws and she has been taken to a hospital. On receiving the said message, his two brothers Devabhai Kalubhai and Lebabhai Kalubhai and his son Babubhai, one Dhulabhai Parmabhai of his street and other persons with him went to the village Motipalli in a passenger rickshaw. On inquiry, they came to know that his daughter has been admitted in a Civil Hospital, Vadodara. So, they came to Lunavada from Motipalli and hired a Jeep and went to the Civil Hospital at Vadodara. On making inquiry in the Civil Hospital, they came to know that his daughter was admitted in the burns ward. He has seen that her daughter was burnt on the chest and on both hands and thighs. Upon asking his daughter in presence of the aforesaid persons with him, she said "yesterday i.e. 24.09.2005, my husband quarreled with me in the night and said that you are having illicit relation in your service at Lunavada." He has beaten me by quarrelling. As I was to go on my duty, I got up early in the morning and was preparing food on a fire place. At that time, my husband also got up early at about 7.00 O' clock in the morning and quarreled with me again." He said to me that "you have not to go on service. You are going for illicit relation on duty" and by keeping doubt wrongly, he quarreled with me and beaten me by giving abuses. He also said me that "today I am not going to leave you" and by saying so, he lifted me near the fire place and threw me in the burning fire place with an intent to kill. The clothes put on by me were fired and as I was shouting, my husband pulled out my Sari and he also received burns on his both hands. My in-laws told me yesterday that if you state against us, you will not be given treatment and thereby forced me and so I did not tell the aforesaid fact to any one." The complainant's daughter stated the aforesaid fact to the complainant. Thus, complainant's son-in-law Jayantibhai Khanabhai Vankar doubted the character of his daughter who was serving as a Nurse in a private hospital. He lifted his daughter and threw her in the fire place with an intent to kill her whereby his daughter burnt on the chest and on both the thighs and both the hands. Therefore, he lodged the aforesaid complaint against his son-in-law before D.S.P., Lunavada on 26.09.2005. The said complaint is registered as I-C.R. No. 76/2005.

(3.) Pursuant to the registration of the offence, the investigation was put into motion. During the course of investigation, statements of the witnesses were recorded, and since sufficient incriminating evidence was found against the appellant original accused, he was charge-sheeted in the Court of learned Judicial Magistrate First Class. As the offence punishable under Section 498-A & 307 of IPC is exclusively triable by the Court of Sessions, the learned Judicial Magistrate committed the case to the Sessions Court, Panchmahals at Godhra.