JADAVJI DESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are preferred by the original accused persons who are convicted for offences punishable under Sections 304-B, 306 and 498-A read with Section 114 of Indian Penal Code, as well as by the State, from the judgment and order dated 15.9.1992 of learned Additional Sessions Judge, Jamnagar in Sessions Case No. 66 of 1988.

(2.) On 1.1.1988, deceased Bhavnaben was brought to the hospital with severe burn injuries and her complaint was recorded as FIR at 7.00 a.m., which was treated to be her first dying declaration (Exh.41). It was stated by her that she was married since two years and having a daughter aged five months; that at around 5.30 p.m., on the previous day her mother-in-law, father-in-law, husband and younger brothers of her husband had taunted her for her parents having not given her anything. As such taunts were given off and on and as she could not suffer them any more, she had burnt herself at 3.00 hours in the early morning by pouring kerosene over her body. As her husband was awakened, he and her mother-in-law and father-in-law had doused the fire by covering her with blankets and as she was having severe burn injuries, they had taken her to Irwin hospital by car for treatment. She further stated that she was perfectly conscious at that time and that she had burnt herself upon being tired of life due to harassment.

(3.) It was argued by learned counsel Mr. Buch, appearing for the accused, that there were glaring discrepancies in the oral and written statements treated as dying declarations and it was not a fit case in which presumption under Section 113-A or 113-B could be drawn. He submitted that there was complete lack of evidence as regards any demand by any of the accused persons and the dying declarations as regards the cause for committing suicide were not reliable insofar as they were proved to be half truths and embellishments over the earlier statements. It was further submitted that the evidence of any harassment or cruelty of the victim was as vague as it could be. As against that learned APP submitted that the trial Court was justified in concluding that all the dying declarations contained a consistent story of harassment of the victim driving her to commit suicide. He further submitted that the facts of the case have to be appreciated in the setting of matrimonial home of the victim where detailed and independent evidence of cruelty committed off and on could not be available. Therefore, the legislature has made the necessary provision for presumptions so as to dispense with clear and cogent evidence of cruelty or demand of dowry.