SHIVPYARI MAHARAJSINH KUSHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 24th May, 2001 passed by the learned Addl. Sessions Judge, Court No. 6, Ahmedabad in Session Cases No. 179 of 1999 and 180 of 1999 by which accused No. 1, 2 and 3 in Sessions Case No. 179 of 1999 and accused No. 1 and 2 in Sessions Case No. 180 of 1999 were acquitted of the offences punishable under sections 498a, 304-B, 306 and 114 of IPC, the present Revision Application is filed by the revisionist-original complainant. Against the said judgment and order of acquittal, the State has not preferred any Appeal.

(2.) IN Sessions Case No. 179 and 180 of 1999 the incident is one and the same and hence both these cases were tried together by the learned Sessions Judge. So far as Sessions Case No. 179/99 is concerned, charge sheet was filed on 2. 2. 1998 and supplementary charge sheet was filed against the accused in Sessions Case No. 180/99 on 25. 3. 1998. The learned Metropolitan Magistrate, Court No. 7 committed both the criminal cases on two different dates and so, the Sessions Cases were numbered as Sessions Case No. 179 and 180 of 1999. So far as accused in Sessions Case No. 179/99 are concerned, accused No. 1 is husband of deceased Seemaben and accused No. 2 and 3 are maternal uncle and Aunty of deceased Seemaben. As far as accused No. 1 and 2 of Sessions Case No. 180/99 are concerned, accused No. 1 and 2 are father and mother of accused No. 1-Bablusinh (husband of the deceased ).

(3.) IN brief, it is the case of the prosecution that marriage of Bablusinh Rajendrasinh and complainant-deceased Seemaben took place on 4. 11. 1997 before 3 years from the date of the incident. After the marriage, deceased Seemaben was residing with her husband along with her maternal uncle and Aunty-respondent No. 3. After the marriage, Seema could not conceive and they had no children. It is alleged that accused No. 1 did not like Seema and so all the accused were giving physical as well as mental torture to deceased Seemaben. It is also alleged that all the accused made demand of dowry and used to taunt that she has not brought any kind of dowry from her parental home. The accused were also demanding one shop from the father of deceased Seema. The accused were giving physical and mental torture and harassed her as the deceased has not fulfilled the demand of dowry made by the accused persons. It is also alleged that the deceased used to visit her parental home and stay there. Accused No. 1 used to abuse her and even threatened her to kill. Because of the constant torture and harassment, the deceased Seemaben, on 4. 11. 1997 at about 9. 30 am, poured kerosene on herself and set her ablaze and committed suicide. She was removed to hospital by accused No. 1 (husband of the deceased) and during the treatment, on he same day, she passed away. Complainant- deceased Seema lodged complaint on 4. 11. 1997 in which she alleged that she was residing with her husband since 3 to 4 years. She did not have any issue during the wedlock. As per the complaint, father of the deceased Seema was residing near Premnagar railway crossing and he was doing garage work. As per the complaint, deceased was not liked by her husband and she was beaten up by her husband quite often and her father-in-law and mother-in-law also instigated her husband and they also physically and mentally tortured her. As per the complaint, she talked to her father and mother regarding the torture meted out to her by the accused persons, but her parents tried to convince her and always forced her to go to her matrimonial home and thus she went to the matrimonial home. According to the complaint, because of the mental and physical torture by her husband and in-laws, she committed suicide in the morning by pouring kerosene and setting her ablaze. It is stated in the complaint that her husband brought her to L. G. Hospital for treatment.