NAVINBHAI UKABHAI CHAUDHARY (PATEL) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, returnable forthwith. Learned Additional Public Prosecutor Mr.L.B. Dabhi waives service of Rule on behalf of the respondent-State. The application was taken up for final consideration today.

(2.) It is in connection with the First Information Report bearing Crime Register No.I-12 of 2017 registered with Bhabhar Police Station on 22nd February, 2017 against the present applicants-accused for the offences under Sections 306 and 114 of the Indian Penal Code, 1860, that this application under section 438 of the Code of Criminal Procedure, 1973 is presented by the applicants.

(3.) The first informant stated about the often repeated quarrel taking place with the neighbouring persons in respect of the boundary wall between two houses of the complainant and neighbours. The applicants-accused mentioned in the F.I.R. were all neighbouring persons. It was further alleged that they were used to quarrel and used abusive language and the same were also addressed to the complainant's daughter. It was alleged that because of abusive language continuously used and taunting of the neighbourers-the accused herein, the daughter was upset and because of such conduct of the accused persons, she committed suicide by hanging on a tree. It was stated that the daughter could not tolerate the untruth spoken by the accused and therefore, she committed suicide by becoming wary of life.