STATE OF GUJARAT Vs. CHUNILAL SAVJIBHAI KHANDAR

JUDGEMENT

(1.) Instant Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure, against the judgment and order rendered by learned Additional Sessions Judge, 4th Fast Track, Junagadh, in Sessions Case No. 7 of 1988, whereby the present respondents, being accused of the Sessions Case, came to be acquitted by the Trial Court, for the offences punishable under Sections 302, 498-A to read with Section 34 of the Indian Penal Code.

(2.) Leave to Appeal granted. Appeal is admitted. Learned Advocate Mr. Nishant Lakiya for on behalf of learned Advocate Mr. Hriday Buch, requested the court to hear the matter finally as the Record and Proceedings from the Trial Court is available with us and that they would assist the Court with extra copies of the evidence and the documents produced before the Trial Court. The request is granted and Appeal is heard finally.

(3.) As per the prosecution case, Bhartiben, wife of respondent No.1 and daughter-in-law of respondent No.2 got burn injuries and died on 12th of June, 1987. It is the prosecution case that before two years of the incident, Bhartiben was married to respondent No.1 Chunilal Savjibhai Khandar. Respondent No.1, deceased accused - father-in-law of the deceased and respondent No.2 - mother-in-law of the deceased were executing mental as well as physical cruelty upon her on the pretext that she had brought less dowry. In the month of June, 1987, Varshaben, younger sister of the deceased had been to the house of Bhartiben where Bhartiben made grievance against her in-laws and husband about the cruelty executed by them. On 12th of June, 1987, at about 8.00 a.m., deceased accused Savjibhai Gopalbhai Khandar and present respondents to implement the common object, in their house known as Shashikunj, situated at Junagadh, poured kerosene upon Bhartiben and set her to ablaze. She was shifted to hospital where at 4.00 p.m. she died. In this respect, one accidental death was noted before Junagadh Police Station as AD Information No. 38 of 1987 under Section 174 of the Criminal Procedure Code. PW-12 Kiritbhai Karsanbhai Bhuteia was entrusted with this inquiry. He recorded the statements of Bhikhalal Hardas, Ramuben Bhikhalal; Varshaben Bhikhalal on 3rd of July, 1987. On 15th of July, 1987 he made a report to the Sub-Divisional Magistrate, Junagadh, that the incident was of the accident. He also had recorded statements of deceased Bhartiben and neighbours of Shashikunj where the incident occurred. Even dying declaration of the deceased was recorded and after perusing those papers, PW-12 Kiritbhai Karsanbhai Bhuteia submitted the report before the Sub-Divisional Magistrate, that the incident was of an accident and that no offence, whatsoever, was committed. It appears that thereafter a private complaint being Inquiry Case No. 1 of 1988 was preferred by Bhikhalal Hardas Parmar, in the Court of Chief Judicial Magistrate, First Class, against present respondents and deceased Savjibhai Gopalbhai Khandar for the death of his daughter Bharti, making grievance that, she was done to death by these three accused after pouring kerosene upon her and igniting her. The said complaint was forwarded by learned Chief Judicial Magistrate to Junagadh City Police Station for investigation by an officer of the rank of Deputy Superintendent of Police, under Section 156(3) of the Code of Criminal Procedure. The Order is dated 18.1.1988. It appears that in pursuance of this complaint, Dy. S.P., Junagadh, appears to have entrusted the investigation to PW-14 Rangrav Kundlik Patil and who recorded the statements of witnesses Bhikhalal Hardas, Harsukhlal Ramaniklal and Pushpaben Harsukhlal, on 10th of October, 1987 and 11th of October, 1987. He therefore submitted a report of 'B' summary with the prosecution. The said report was not accepted by learned Chief Judicial Magistrate as the investigation was not carried out by an Officer of the rank of Dy. S.P. and, therefore, the papers were forwarded to the Police Station for the investigation by Dy. S.P., Junagadh in accordance with the order passed by learned Chief Judicial Magistrate, Junagadh, on 18th of January, 1988. Dy. S.P., Junagadh City Police took over the investigation of the said 'M' Case No. 1/88 in July, 1997 and he recorded statements of Bhikhalal Hardas, Ramuben Bhikhalal; Varshaben Bhikhalal and Harsukhlal Ramniklal, etc. on 23rd of July, 1997. He recorded the statements of Pushpaben Harsukhlal, Shantilal Laljibhai Trambdiya etc on 16th of September, 1997. He also recorded the statements of Harilal Gopalbhai, Naran Narsinh, Mohan Bhovan, Damji Jeram, Mavji Manji and Devjibhai Hansrajbhai on 23rd of July, 1997. He also recorded the statements of Head Constable Hariprasad Shambuprasad Trivedi, who had conducted inquiry in Inquiry Case No. 1/88 and ultimately in pursuance of this investigation, a charge sheet came to be filed against the present respondents for the above said offence.