RAMESHBHAI MAHIJIBHAI JADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal under Sec.374 of the Code of Criminal Procedure ('the Code' for short) has been filed by the appellant -original accused No.1, who, along with original accused Nos.2,3,4,5 and 6 were charged and tried for the offence punishable under Secs.498 -A, 302 read with Sec.114 of IP Code and at the end of trial, appellant -original accused No.1 and original accused No.3 were convicted and sentenced to undergo life imprisonment and to pay fine of Rs.250/ -, in default, to suffer one month SI for the offence under Sec.302 IPC. They were also sentenced to undergo RI for six months and to pay fine of Rs.500/ -, in default, to suffer one month SI for the offence under Sec.498 -A of IPC, vide judgment and order dated 20th May, 1998 by the learned Addl. Sessions Judge, Nadiad, in Sessions Case No.51 of 1997. However, original accused Nos.2,4,5 and 6 were acquitted of all the charges levelled against them.

(2.) IT is required to be noted that against the acquittal of original accused Nos.2,4,5 and 6, it appears that the State has not preferred any appeal and, therefore, it becomes final between the parties.

(3.) THE short facts of the prosecution case are that marriage of elder daughter -Sushila of Punambhai Nathabhai, an agriculturist and a resident of Karamsad, Taluka Anand, took place with Rameshbhai Mahijibhai Jadav. After she started staying in her matrimonial home, she often complained of ill -treatment being meted out by her husband and her in -laws. As she could not suffer the same, she used to leave her in -laws' house and stay at her parents' house. Four months prior to the date of incident, due to intervention of some of the relatives because of marriage of her sister -in -law, she was sent to father -in -law's house. Since she was still being ill -treated by all the accused, she again came back to her parents' house. Thereafter on 5 -12 -1996, when Rameshbhai, his father Mahijibhai and one brother -in -law came to Punambhai's house, she was sent to her in -law's house on 6 -12 -1996 after having arrived at a compromise. However, on 8 -12 -1996, when Punambhai returned home after completing some work at Anand, he found that his wife and son had already left and hence, he went to the bus -stand and came to know from his wife that his daughter was burnt and was admitted in Civil Hospital at Karamsad. Therefore, Punambhai went to Civil Hospital where she found his daughter in an extensive burning condition. She explained that due to quarrel with her husband, she was dragged into the house, given electric shock and thereafter set on fire after pouring kerosene on her by accused No.1,2 and 3. Therefore, a complaint was lodged on the same day before Vidyanagar Police Station and it was registered as C.R.No.0/1996. As the offence alleged against the accused was coming within the jurisdiction of Bhadaran Police Station, same was transferred to Bhadaran Police Station where it has been registered as Bhadaran Police Station I -C.R.No.109 of 1996 for the offence punishable under Sec.498 -A, 307 read with 114 of IPC. As victim died during the course of treatment, Sec.302 of IPC was added later on. Upon receipt of the complaint, PSO made endorsement and handed over investigation to PSI, Mr.Jadeja. Mr.Jadeja went to the place of incident, drew panchnama of place of incident in presence of panchas and also recorded statements of various witnesses. He also drew inquest panchnama and made arrangements for the post mortem on the dead body of the deceased. He collected burnt pieces of clothes, plastic can of kerosene, controlled sand, sand having kerosene smell and a nail found at the place of incident and sent all the muddamal to the FSL for analysis. Executive Magistrate was called and dying declaration of the victim was recorded. Upon receipt of FSL and post mortem reports, same were kept in investigation file. At the end of investigation, charge sheet was filed in the Court of learned J.M.F.C., Borsad, against all the accused. As the offences alleged against the accused were exclusively triable by the Court of Sessions, learned Judicial Magistrate (First Class), Borsad, committed the case to the Court of Sessions, Kheda at Nadiad. On receipt of the same, case was numbered as Sessions Case No.51 of 1997 and handed over to Addl. Sessions Judge, Kheda at Nadiad, for disposing of the same on merits. Learned Judge framed charge against the accused at Exh.3. The charge was read over and explained to the accused. The accused pleaded not guilty to the charge and prayed for trial.