BHARAT CHHOTALAL VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 16th May 2003 rendered by the learned Additional Sessions Judge, Junagadh in Sessions Case No.25 of 2000.

(2.) THE appellants were charged under sections 306 and 408 -A of the Indian Penal Code. Appellant No.1, husband of deceased Vandanaben was convicted for offences punishable under sections 306 as well as 498 -A of the Indian Penal Code. He was sentenced to undergo rigourous imprisonment for 7 years and 2 years respectively for the said offences. Appellant No.2 was the mother -in -law of deceased Vandanaben. She has also been convicted under sections 306 and 498 -A of the Indian Penal Code. She was sentenced to undergo simple imprisonment of 5 years and 2 years respectively for the said offences. Both the accused were also ordered to pay fine.

(3.) AS per the prosecution case, marriage of Vandana took place with appellant No.1, original accused No.1 about 7 months before the date of the incident. On account of doubt about the character of deceased Vandanaben, the accused were ill -treating her. Vandanaben had visited her parents house on a couple of occasions after her marriage and narrated her plight to her relatives, particularly to her mother. On account of such unbearable mental and physical cruelty, Vandanaben committed suicide on 10th June 1999 by setting herself on fire after pouring kerosene. The prosecution examined several witnesses to prove the charge. Mandhusudan, PW -1, Ex.11 is the father of Vandana. In his deposition, he stated that his daughter Vandana got married about 6 months before the incident. Vandana had come to his house after marriage at which time, she had told him that her husband doubts her character and alleges that she is carrying a child in her womb and therefore she does not get mensuration. The witness had, therefore, explained to Vandana's mother -in -law that there is no such thing and to verify, they should consult Dr.Bhargav Pandit. A couple of days thereafter, Vandana's in -laws had brought her to the hospital of Dr.Bhanuben Nanavati. The doctor had opined that Vandana is not pregnant and she need not be doubted. Vandana was taken to doctor on two or three occasions. Thereafter, Vandana's father -in -law brought her to the witness's house and stated that between Vandana and her husband, there is no attachment. He would pick up Vandana after persuading his son. After that, Vandana had complained to him and other family members that her husband doubts her character and her mother -in -law taunts and beats her on account of doubt about her character. About 8 days thereafter, the accused had come and taken Vandana back after assuring that she would not be subjected to cruelty. About 8 days thereafter, the witness received a phone call informing him that Vandana has got burnt accidentally. He, therefore, went to the place of the accused and found that Vandana was already dead. Upon being inquired, Vandana's in -laws informed him that she got burnt after pouring kerosene on herself.