KAMLABEN KANTIBHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 31. 1. 2009 passed by the learned Addl. Sessions Judge, Fast Track Court No. 5, Kheda, Nadiad in Sessions Case No. 46 of 2008 by which the learned Judge has acquitted the original accused persons by giving benefit of doubt, the original complainant-Kamlaben Kantibhai Vankar preferred this Revision Application under section 397 read with section 401 of the Criminal Procedure, 1973. The facts of the case in brief are as under:

(2.) DECEASED Kantibhai was doing business of selling clothes by moving from one place to another. It is the case of the prosecution that that on 3. 3. 2007, the accused who were keeping doubt on complainant's husband Kantibhai, had beaten up him in public for some unknown reasons and threatened to kill him and thereby they were physically and mentally torturing the husband of the complainant. It is also the case of the prosecution that deceased Kantibhai had also informed his wife that because of mental torture, for few days he wanted to be away from their place and thus he had gone to his relatives place at village Lal Mandva and then the younger brother of the deceased Nareshbhai brought him back to his home. It is alleged that the accused again threatened Kantibhai and because of this torture, on 6. 3. 2007, Kantibhai committed suicide at Dehgam by jumping in front of a train and therefore, initially, the Ahmedabad Railway Police lodged complaint as A. D. No. 29/2007. Thereupon the present complainant, Kamlaben, wife of deceased Kantibhai complained before Kapadvanj Rural Police Station, which was registered as CR No. I-18 of 2007. After investigation, charge sheet was filed before the learned Judicial Magistrate of Kapadvanj. As the case was exclusively triable by the court of Sessions, it was committed to the Sessions Court by the learned JMFC under section 209 of the Criminal Procedure Code. The said Sessions Case was numbered as Sessions Case No. 46 of 2008. After recording of the evidence and hearing of the arguments of the learned APP as well as the learned advocate of the accused, the learned trial Judge acquitted the accused and the said judgment and order of acquittal is challenged in this revision application.

(3.) HEARD the learned advocate Mr Hriday Buch and learned APP Mr Kartik Pandya for the State. It is submitted by Mr Buch that deceased Kantibhai was beaten up in public and thereafter constantly he was threatened by the accused persons and hence there is direct nexus between death of Kantibhai and the act of beating followed by threat committed by the accused persons and so, prima facie, it is proved beyond reasonable doubt that because of physical and mental torture, deceased Kantibhai had no option but to commit suicide and thus he committed suicide.