HARJIVAN KESHAVBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant who was original accused no. 1 in Sessions Case No. 65 of 1997, preferred this appeal challenging his conviction recorded by the Presiding Officer, 4th F. T. C. , Rajkot at Morbi [for short 'the Ld. Trial Judge'] on 10/6/2005 for the commission of offences punishable under sections 498-A, 306 and 304-B of the Indian Penal Code [for short 'ipc'].

(2.) THE prosecution case, in short, is that Manjulaben, sister of first informant Jayeshbhai Haribhai, married the appellant prior to about 6 years from the date of the incident. The incident occurred on 1/6/1997 when Manjulaben was in the house of the appellant. It is the case of the prosecution that the appellant, who was husband of Manjulaben, used to cause cruelty and ill-treatment to his wife and that he used to demand dowry and cash amount for the purpose of establishing a diamond polishing factory. That the appellant was in a habit of playing gambling and even he lost the golden ornaments in the gambling. On the day of the incident, because of the extreme cruelty and ill-treatment meted out to Manjulaben, she decided to put end to her life and poured kerosene on her body and set herself on fire. At that time minor daughter of the appellant and Manjulaben, named Ankita abruptly came in contact with Manjulaben and she also sustained severe burn injuries. Manjulaben and Ankita both died. On 11/6/1997 first informant Jayeshbhai Haribhai, brother of Manjulaben lodged first information report before the Circle Police Inspector, Morbi, which came to be registered. Police commenced investigation. Statements of material witnesses were recorded. Post mortem reports were collected. Necessary samples collected from the scene of offence were forwarded to Forensic Science Laboratory [fsl]. After collecting sufficient material for the purpose of lodgment of charge-sheet, charge-sheet came to be filed in the Court of the Ld. Judicial Magistrate First Class at Morbi. Since the offence was exclusively triable by the Court of Sessions, the Ld. Magistrate committed the case to the Court of Sessions, Rajkot at Morbi, which came to be registered as Sessions Case No. 65/1997. The charge-sheet came to be filed against the present appellant as well as the co-accused Keshavjibhai Motibhai being father of the appellant.

(3.) THE Ld. Trial Judge framed charge at exh. 1 against the present appellant as well as co-accused Keshavjibhai Motibhai, father of the appellant for the offences punishable under sections 498-A, 306, 304-B read with section 114 of the IPC, to which both of them pleaded not guilty and claimed to be tried. Therefore, prosecution adduced its oral and documentary evidence. After completion of the oral evidence adduced by the prosecution, the Ld. Trial Judge recorded further statements of both the accused including the appellant. They denied generally all the allegations levelled against them by the prosecution and stated that the deceased was never meted out with any cruelty or demand of dowry. That as a matter of fact, when Manjulaben sustained burn injuries, she was preparing tea on a stove and accidentally she caught fire and sustained the injuries. At that time, Ankita, daughter of the deceased caught hold of the deceased and she also sustained burn injuries and died. That at the time of incident, the appellant was residing in a rented house with his wife Manjulaben and daughter Ankita separately from his father, the co-accused Keshavjibhai Motibhai. After appreciating the evidence on record and the submissions made on behalf of both the sides, the Ld. Trial Judge recorded conviction of the appellant, the original accused no. 1 for the offences punishable under sections 498-A, 306 and 304-B of the IPC, and was sentenced to undergo rigorous imprisonment [ri] of 3 years and fine of Rs. 3,000/-, in default of payment of fine, simple imprisonment [si] for 3 months for the offence punishable under section 498-A of the IPC and [ri] of 10 years and fine of Rs. 5,000/-, in default of payment of fine, SI for 6 months for the offence punishable under section 306 of the IPC and [ri] of 10 years and fine of Rs. 5,000/-, in default of payment of fine, SI for 6 months for the offence punishable under section 304-B of the IPC. All the sentences were ordered to run concurrently. Hence, the appellant - original accused challenged his conviction by preferring this appeal. However, by virtue of the impugned judgment and order, the Ld. Trial Judge recorded acquittal of accused no. 2 - Keshavjibhai Motibhai, father of the appellant.