STATE OF GUJARAT Vs. YOGESH K SARAIYA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 4. 9. 1987 passed by the learned Addl. Sessisons Judge in Sessions Case No. 69/1986, whereby the accused have been acquitted from the charges levelled against them.

(2.) THE brief facts of the prosecution case are as under: 2. 1 The accused are residing at Nadiad. The decesed Anita was the wife of the accused no. 1. Accused no. 1 and accused no. 2 are brothers, accused no. 3 is their sister and accused no. 4 is their mother. Accused no. 5 is the maternal uncle of the accused no. 1. The complainant is residing at Baroda and he is serving as Officer in O. N. G. C. He has got four brothers and two sisters. The deceased Anita had married with accused no. 1 on 22. 5. 1985 at Nadiad. It is alleged that Anita was not properly treated by the accused. There was quarrels in their house and they were ill-treating her both by mentally and physically. It was alleged that when Anita complained about these facts to the accused no. 1, he did not pacified her but justified the treatment of the other accused and asked her to suffer. 2. 2 Lastly Anita had gone to the house of the complainant at Baroda on the occasion of Raksha Bandhan and she resided with them for a week. She had complained to them about ill-treatment and harassment caused to her by the accused. However, they persuaded her not to take the matter seriously and that everything would become normal in the course of time. Accused no. 1 had gone to Baroda for bringing her wife back on 12. 9. 1985. On 14. 9. 1985, the complainant was in his office and at 4. 30p. m. , he was informed on telephone that he should immediately rush to Nadiad. Manharlal went to Nadiad with his wife on scooter. They had reached Dalal Pole at Nadiad and they were informed by Rasikbhai that Anita was dead and her dead body was taken for cremation. Then Manharlal and Rasiklal went to crematory ground. Manharlal inquired about death of Anita, and accused no. 5 told him that she had committed suicide by hanging herself. He was also informed that his sister Anita was severally harassed and ill-treated by the accused no. 1 to 4 and they were frequently quarreling with her. 2. 3 They also learnt that on 13. 9. 1985 his mother had gone to Anita's house in order to fetch her but she was not seen. Then, the members of both the parties had gathered and it was learnt that she had died due to suicide. Hence, he was also shown suicide note alleged to have been written by Anita before her death. The complainant filed applications before the high police authorities including CID. Some inquiries were also started by the police but the complainant was not satisfied. 2. 4 Therefore, a complaint was filed against the respondents-accused with the Nadiad Town Police Station for the offence punishable under sec. 306, 498-A, 201 and 176 of IPC. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against him before the court of learned Chief Judicial Magistrate, Nadiad. Thereafter, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court, which was numbered as Sessions Case No. 69/1986. The trial was initiated against the respondent.

(3.) TO prove the case against the present accused, the prosecution has examined, in all fourteen witnesses, which are as under: manharlal Shah,complainant Ex. 11. Rajeshbhai Balkrushna Saraiya Ex. 12 ramanlal Chunilal Ex. 13 dr. Shirish Jadia Ex. 16 himmatlal Joshi Ex. 17 natwarlal Parshotamdas Ex. 20 savitaben Natvardas Ex. 21 kanaiyalal Purshottamdas Ex. 22 suryaben Kanaiyalal Ex. 23 vinodbhai Ramanbhai Ex. 24. Prafulbhai Jayantilal Ex. 51. Pushpaben Manharlal Ex. 55 babulal Chunilal Ex. 58 mr K. N. Chauhan, I. O. , Ex. 69 the prosecution has also produced the following documentary evidence to prove the case. Yadi Ex. 31 and 33 writ Ex. 32 high Court judgment Copy Ex. 36 yadi Ex. 38 and 39 psi Nadiad reply Ex. 42 panchnama Ex. 52 receipt Ex. 60