DANABHAI KESHABHAI DAFADA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned advocate Mr. C. B. Dastoor for the applicant and learned APP Ms. Archna Raval for the respondent No. 1 State. Rule is served to the respondent Nos. 2 to 5 original accused of Sessions Case No. 270/1993.

(2.) THE above Criminal Revision Application is preferred by the original complainant under Section 397 r/w. Section 483 of the Criminal Procedure Code against the judgment and order dated 4th April, 1998 delivered by the learned Additional Sessions Judge, Rajkot whereby the present respondent Nos. 2 to 5 came to be acquitted for the charges levelled against them for the offences punishable under Sections 306, 304-B, 498-A and 114 of the Indian Penal Code in Sessions Case No. 270/1993.

(3.) THE brief fact reveals that the deceased in the incident was named as Daya and her father present applicant preferred a complaint before the Superintendent of Police, Western Division, Rajkot on 24th February, 1993 whereby he had stated that his daughter Daya had married to accused No. 2 Ramesh Palji before two years of the incident. In the marriage, he had given sufficient dowry. Accused No. 2 was serving in the shop of shoes and chappals and accused No. 1 was serving in S. T. After resuming in-laws, Daya stayed well for about one year with her in-laws. Thereafter, the accused started construction of house behind their existing house and that had constructed upto walls, but on account of paucity of fund the construction was abandoned. In these circumstances, it was alleged in the complaint that accused No. 2 - Ramesh Palji, husband of deceased Daya as well as accused No. 3 Manhar Palji, brother of accused No. 2 Ramesh Palji both were harassing deceased Daya and was forcing her to bring Rs. 10,000/- from the father of deceased Daya i. e. complainant, so the construction of the house could be completed. Daya could not surrender to their directions and, therefore for about 6-7 months Daya, daughter of the complainant was harassed by the accused. Thereafter, deceased Daya came to the parental home to visit and again deceased Daya resumed in her-laws on 23rd February, 1993 at that time also Daya had conveyed to the complainant that her in-laws i. e accused were demanding Rs. 10,000/ -. Thereafter, on the day of the incident, the complainant at about 9. 00 a. m was informed by one Suresh Haribhai and another Ranavabhai of Village : Bedi that Daya had died and her deadbody was lying in the Government Hospital and, therefore, when he visited the Government Hospital along with his uncle and other relatives at Rajkot, he found that Daya had burnt all over body and, therefore, complaint came to be filed. A crime came to be registered before Rajkot Taluka Police Station and a charge-sheet came to be filed against the accused and the case was committed to the Court of Sessions. When the accused pleaded not guilty, the prosecution examined as many as eleven witnesses and produced on record voluminous documentary evidence. Thereafter, the statement of each of the accused was recorded under Section 313 of the Criminal Procedure Code and after hearing the defence as well as prosecution, the learned trial Judge came to the conclusion to acquit the accused and hence, this Criminal Revision Application.