SAVITABEN JASUBHAI BHOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) INSTANT appeal is preferred by the appellant against the judgment and order delivered by learned Presiding Officer, Fast Track Court No. 10, Vadodara on 22nd June, 2005 in Sessions Case No. 139 of 2001 whereby the present appellant - original accused came to be convicted for the offences punishable under Sections 498-A and 306 r/w. Section 114 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of one year and to pay fine of Rs. 500/-, in default to undergo imprisonment of three months for the offence punishable under Section 498-A of the Indian Penal Code and to undergo rigorous imprisonment of ten years and to pay fine of Rs. 1,000/-, in default to undergo six months imprisonment for the offence punishable under Section 306 r/w. Section 114 of the Indian Penal Code.

(2.) AS per the brief facts of the case, the deceased in the incident is Champaben daughter of complainant Ashabhai Mangalbhai. The present appellant happened to be mother-in-law of deceased Champaben. The complaint came to be filed on 20th March, 2001. Accordingly, it is alleged in the complaint that before three years from the date of incident, marriage of Champaben had taken place with one Dineshbhai son of present appellant. The first year of the marriage was happily passed, but thereafter, subsequent two years, according to the prosecution case, were difficult for the deceased Champaben as appellant being her mother-in-law frequently taunting her and further she was being harassed on account that she had no issue. Whenever, according to the prosecution case, Champaben visited their parental home, she used to talk about this to her brother Mahijibhai and her mother named as Gajiben. During February, 2001, deceased Champaben was temporarily at her parental home and for social occasion, Dinesh i. e. husband of the deceased Champaben had visited the house of the complainant and at that time, he assured that his parents would not harass Champaben and, therefore, deceased Champaben was sent to her-in-laws. On 19th March, 2001, complainant came to know at about 10. 00 a. m. that Champa was seriously sick and when he visited the house of Champa and her-in-laws, he found that Champa had hanged herself and had died by suicide and, therefore, the complaint came to be filed at Bhadarva Police Station and crime came to be registered. It is to be noted that in complaint itself it has been mentioned that there was no cruelty or ill-treatment from husband of Champa. After investigation, a charge-sheet came to be filed and was committed to the Court of Sessions under Section 209 of the Criminal Procedure Code. The charge was framed against the present appellant. Father-in-law of Champa who was also an accused, had died during the investigation. The present appellant pleaded not guilty and hence, the prosecution examined complainant Ashabhai Mangalbhai at Ex. 15; Gajiben Ashabhai at Ex. 17; Mahijibhai Ashabhai at Ex. 18; Jitubhai Mathurbhai at Ex. 19; Rameshbhai Mangalbhai Bhoi at Ex. 20; Madhuben Kalabhai at Ex. 22. Investigating Officer PSI Mr. N. V. Patel has been examined at Ex. 26. In addition to this, the prosecution also produced on record documentary evidence of complaint at Ex. 16, inquest panchnama at Ex. 23, panchnama of scene of offence at Ex. 24 and postmortem note at Ex. 25. After the evidence was over, further statement of the appellant - accused was recorded under Section 313 of the Criminal Procedure Code and after hearing the prosecution as well as the defence as aforesaid, the learned Trial Judge came to the above conclusion to convict the appellant and hence, this appeal.

(3.) LEARNED advocate Mr. B. S. Patel for the appellant and learned APP Mr. L. R. Pujari for the respondent - State were heard in respect of this appeal.