ANILKUMAR ISHWARLAL PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The central theme of both these appeals is the macabre bride- burning for dowry against the appellants-accused No. 1 (A-1) and accused No. 2 (A-2) out of four original accused who were tried for the charges under Secs. 302, 498-A and 114, I.P.C., for causing the murder of Bai Saroj, wife of A-l and since both these appeals are against one judgment filed by A-1 and A-2, they are being decided and disposed of by this common judgment.

(2.) . A few material and relevant skeleton of facts giving rise to these appeals may be narrated at the inception. A-l Ashok is the husband of deceased Saroj and A-2 Anil is the cousin brother of A-l. Original accused No. 3 Taraben and accused No. 4 Kusumben are sisters of A-1. Deceased Saroj and A-l entered into matrimony two years before the unfortunate incident which occurred on 15-6-1991 which took the toll of the young bride-wife. It was second marriage for both. A-l has two children from the first wedlock.

(3.) . The prosecution case has been that deceased Saroj and A-l both were not only unfortunate to enjoy the marital bliss but were unhappy to pull on with each other. A-l and his family members were very much disturbed and unhappy as Bai Saroj could not fulfil the expected but unlawful demands arising out of deadly social evil of dowry. Again, the deceased was accused of not treating and maintaining properly the step-children of A-l who were born out of the first wedlock with another woman. It would be quite interesting to narrate at this juncture that end of the first wedlock of A-l was tragic. His first wife also bid the final voyage and left the world due to burn injuries. Be that as it may, it is the prosecution case that A-1 has committed murder of his wife for a motive as stated above in collaboration with A-2 Anil, and original accused Nos. 3 and 4. the cousin sisters, by putting her ablaze without learning from the first experience. Bai Saroj was the victim of not only unbearable domestic violence but was living in the family as a dejected-rejected person as she remained unsuccessful in satisfying the dowry demands of her husband and other members of his family. She was subjected to violent cruelly and torture which compelled her to seek shelter at the parental house and voice her grievance in this behalf to the parents and many other relatives in past before her life was cut short at the cruel hands of the accused persons.