JASHIBEN @ JYOTSNA HARMANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant -original accused No.3 along with two other accused were tried for the offence punishable under Secs.302, 498 -A, 304 -B, 201 and 114 of Indian Penal Code and at the end of trial, all the accused were convicted for the offence under Sec.302 read with Sec.114 of IPC to undergo imprisonment for life and to pay fine of Rs.1,000/ -, in default, to undergo rigorous imprisonment for a further period of one year, for the offence under Sec.498 -A of IPC to undergo SI for one year and to pay fine of Rs.500/ -, in default, to undergo SI for a further period of three months and for the offence under Sec.201 of IPC to undergo SI for two years and to pay fine of Rs.200/ -, in default, to undergo SI for a further period of three months by the learned Addl. Sessions Judge, Fast Track Court No.3, Bharuch, vide judgment and order dated 12 -10 -2007 rendered in Sessions Case No.39 of 2007. Being aggrieved therewith, present appellant -original accused No.3 has preferred the present appeal.

(2.) THE short facts of the prosecution case are that on 5 -12 -2006 in the evening, the original accused No.2 went to Nabipur Police Station along with her son and gave a janvajog application Ex.68 disclosing that her daughter -in -law, wife of accused No.1, was missing since morning. Same was noted down by the police and started investigation. Meanwhile on 7 -12 -2006, since a dead body was found from the river Narmada, Village Zanore, the brother along with other relatives of the deceased went there and identified the said dead body as that of his sister Banuben. He therefore lodged the complaint against the husband and mother -in -law of the deceased (accused Nos.1 and 2 respectively) for the offences punishable under Secs.498 -A, 306 and 304 -B of IPC. Said complaint has been registered as Nabipur Police Station C.R.No.I -96 of 2006 and police started investigation, prepared inquest panchnama, filled up marnotar form and made arrangements for sending dead body for carrying out post mortem to General Hospital, Bharuch. The panel doctors at General Hospital performed postmortem and gave opinion that it is not a case of suicide but a homicidal death as there is injury on the vaginal part of the victim. The Investigating Officer therefore added Sec.302 of IPC and informed the concerned Magistrate to that effect and started further investigation. During the course of investigation, the Investigating Officer recorded the statements of various witnesses and interrogated all the accused. Meanwhile, he prepared panchnama of scene of offence and as the present appellant expressed willingness to show and produce the weapon iron rode alleged to have been used in the commission of offence, he called two panchas to Police Station and prepared primary panchnama there itself. Thereafter, the appellant -accused, panchas and police personnel went in a police vehicle as suggested by the appellant -accused and the accused produced the iron rode which has been seized by way of discovery panchnama. He also made arrangements to send the muddamal to FSL and on receiving FSL report, this along with post mortem note as well as certificate etc. has been kept with the investigation file. At the end of investigation, he submitted the charge sheet against the accused into Court of concerned learned Chief Judicial Magistrate, Bharuch.

(3.) AS the offence alleged against the accused being exclusively triable by the Court of Sessions, learned Chief Judicial Magistrate, Bharuch, committed the case to the District and Sessions Court at Bharuch where it was numbered as Sessions Case No.39 of 2007. For the purpose of disposing of the same on merits, learned District and Sessions Judge allotted the same to learned Addl. Sessions Judge, Fast Track Court No.3, Bharuch. On production of the accused, learned Addl. Sessions Judge framed charge against all the accused. The accused pleaded not guilty to the charge and prayed for trial.