RAJENDRABHAI D MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1. Lilaben, daughter of complainant Babarbhai Govindbhai Gohil, was married to original accused no. 1 on 31/5/1991. Accused appellant no. 1 and Lilaben were staying at Thanklessly near the house of complainant Babarbhai Govindbhai Gohil. Parents of accused appellant no. 1 Devajibhai Prabhubhai Makwana and Kashiben Devajibhai Makwana are staying at village Ikhar, District Bharuch, which is at a distance of about 30 Kms from Ankleshwar and elder brother of accused appellant no. 1 Kanchanlal Devajibhai Makwana and his wife Taraben stay at Bharuch; whereas younger brother of accused appellant no. 1 Girishbhai Devajibhai Makwana stays at Ikhar. 1. 1. Lilaben committed suicide at her home on 8/6/1999 around 1300 hours by hanging herself by neck with the fan. On being informed about the incident, Babarbhai Govindbhai Gohil, father of the deceased immediately informed the police and the police recorded his information and registered offence. Investigation was started. It was found that the deceased had locked herself into the house and then committed suicide. Therefore, the witnesses broke the window pan and saw her hanging. Thereafter, they broke open the door and went into the house. It was found that the deceased had hung herself to the ceiling fan with the help of a nylon rope which was formerly used for drying clothes. Photograph of the dead-body was also taken. Inquest panchnama was drawn and the dead body was sent to Civil Hospital, Bharuch for post mortem. Doctor opined that the deceased died of asphyxia due to hanging. When the dead body was being examined by the doctor for post mortem, a chit was found under the undergarment wore by the deceased which was given by the doctor to the attendant, who in turn gave it to the P. S. O. And P. S. O. In turn gave it to the Investigating Officer [io]. That chit was identified to have been written by the deceased considering the handwriting by the complainant. It was then sent to FSL along with natural writings of the deceased in form of a note-book and some record of the school where the deceased was serving. The FSL report indicated that both the chit found from the person of the deceased and the writings in form of note-book and other registers, etc. , of the school were handwritings of the same person.

(2.) ACCORDING to the complainant, the deceased committed suicide because of the harassment and torture meted out to her by her husband, her parents-in-law, her two brothers-in-law and her sister-in-law. The contents of the chit indicated the reason for commitment of suicide as disclosed by the deceased and ultimately the police having found sufficient material against the husband of the deceased and her in-laws, filed charge-sheet in the Court of the Ld. Judicial Magistrate First Class, Ankleshwar, against the husband, her parents-in-law, his brothers-in-law and sister-in-law for the offences punishable under sections 306 and 498-A of the Indian Penal Code [ipc]. 2. 1. Ld. Magistrate committed the case to the Court of Sessions as the offences with which the accused persons were charged, were triable by Court of Sessions. The Sessions Court on the case being committed, registered Sessions Case No. 168/1999. The charge was framed against all 6 accused persons at exh. 2 for offences punishable under sections 498-A and 306 of the IPC. All the accused persons pleaded not guilty to the charge and claimed to be tried.

(3.) THE trial Court, after considering the evidence led by the prosecution, came to a conclusion that the prosecution was successful in establishing both the charges against the husband of the deceased, the parents-in-law of the deceased and brothers-in-law of the deceased; whereas the Court found that the case against sister-in-law of the deceased was not properly established. The Sessions Court, therefore, convicted all the accused persons except sister-in-law Taraben Kanchanlal Makwana for offences punishable under sections 498-A and 306 of the IPC, and sentenced them to undergo rigorous imprisonment [ri] for a period of 2 years and to pay fine of Rs. 500/- each, in default to undergo RI for 10 days for offences punishable under sections 498-A of the IPC and awarded sentence of 10 years RI with fine of Rs. 2,000/- to each of the appellants, in default to undergo RI for 15 days for offence punishable under section 306 of the IPC. Aggrieved by the said judgment and order, present appeal is preferred. For sake of clarity, appellant no. 1 is the husband, appellants no. 2 and 3 are the father-in-law and mother-in-law of the deceased, appellant no. 4 is the elder brother of appellant no. 1 and appellant no. 5 is the younger brother of appellant no. 1.