KADARKHAN SAMSHERKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants, who were the original accused in Sessions Case No. 110 of 1997 came to be tried by the learned Presiding Officer, 2nd Fast Track Court, Rajkot in connection with the offences punishable under Sec. 304B read with Sec. 114 of the Indian Penal Code, Sec. 306 read with Sec. 114 of the I.P.C. and Sec. 498A read with Sec. 114 of the I.P.C. and at the end of the trial, all the appellants came to be convicted for the aforesaid offences by the judgment and order dated 31st January, 2007, and each of them was sentenced to undergo rigorous imprisonment for 10 years, and was imposed fine of Rs. 2500/-, in default of payment of fine, to undergo simple imprisonment for 6 months under Sec. 304B read with Sec. 114 of I.P.C. Each of the accused was also sentenced to undergo 5 years of rigorous imprisonment with fine of Rs. 1500/-, in default to pay fine to undergo simple imprisonment of 3 months, under Sec. 306 read with Sec. 114 of the I.P.C. Each of the accused was further sentenced to rigorous imprisonment for 3 years with fine of Rs. 1000/-, in default of payment of fine, to undergo simple imprisonment for 1 month under Sec. 498C read with Sec. 114 of the I.P.C.

(2.) The prosecution case in nutshell is that deceased Zeenatben married appellant-accused No. 1, Kadarkhan Samsherkhan Pathan on 14th January, 1996 in a mass marriage ceremony. Appellant-accused No. 2, Samsherkhan Sarifkhan Pathan happens to be father-in-law of Zeenatben. Appellant- accused No. 3, Ayeshaben Samsherkhan Pathan happens to be the mother- in-law of Zeenatben. It is the case of the prosecution that after solemnisation of the marriage, Zeenatben went to her matrimonial home. Since, the marriage was solemnised in a mass marriage ceremony, neither any amount nor any valuable article nor dowry was given by the parents of Zeenatben to the appellants. Keeping grudge in the minds, it is alleged that the appellants acted cruelly with Zeenatben and she was meted out with cruel treatment coupled with demand of dowry. It is the case of the prosecution that during her matrimonial life, because of the ill-treatment and cruelty meted out to her by the appellants she had come to her parental home. It is the case of the prosecution that in the meanwhile Zeenatben had to file a criminal complaint against the appellants as well as against brothers of her husband. It is the case of the prosecution that after some time talks for settlement took place between elderly people from the side of Zeenatben and the appellants and by way of a compromise, Zeenatben again went to reside at her matrimonial home. It is the case of the prosecution that even after the alleged compromise when Zeenatben went to reside at her matrimonial home, she was again meted out with cruel treatment by the appellants coupled with demand of dowry as she was sent by her parents to her matrimonial home. After the alleged compromise, Zeenatben did not do anything and continued to suffer cruelty and ill-treatment meted out to her by the appellants. According to the prosecution case, she was not given food to eat and a good place to stay in her matrimonial home and she was made to stay in a store room infested with mosquitoes. It is the case of the prosecution that during the early morning hours on 9th March, 1997, because of the cruelty and ill-treatment caused to Zeenatben by the appellants and continuous demand of dowry, Zeenatben consumed acid used for washing tiles. She was immediately removed to Civil Hospital, Rajkot wherein during the treatment within hours she died. Yakubbhai Ibrahimbhai Pathan, brother of Zeenatben informed the incident to 'B' Division Police Station, Rajkot and his F.I.R. was registered. Police investigation was started. During the course of the investigation, statements of material witnesses were recorded. Necessary panchnamas were drawn in presence of panchas, medical evidence like post mortem report of the deceased and her treatment papers were collected. After collecting the required material for the purpose of lodgement of charge-sheet, charge-sheet came to be filed in the Court of the learned Judicial Magistrate, First Class, Rajkot, since the offence was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions, Rajkot, which was registered as Sessions Case No. 110 of 1997.

(3.) At the outset, it is required to be noted that appellant-accused No. 3-Ayeshaben Samsherkhan Pathan, who came to be convicted by the trial Court and during the pendency of this appeal, sentence awarded by the trial Court was suspended by this Court and she was released on bail. Learned Advocate for the appellants, Mr. Bharda submitted at the Bar that appellant- accused No. 3, Ayeshaben has died on 19th April, 2008. A copy of the death certificate issued by Rajkot Municipal Corporation is shown to us which shall be taken on record. Accordingly, the present appeal qua appellant- accused No. 3, Ayeshaben Samsherkhan Pathan stands abated.