STATE OF GUJARAT Vs. PATHUBHA HARISHINH JADEJA

JUDGEMENT

(1.) THE present appeals are directed against the judgment and order dated 27.5.1987 passed by the learned Additional Sessions Judge, Kutch at Bhuj in Sessions Case No. 35/86 recording acquittal of all accused for offence under Section 302 of the Indian Penal Code, and recording conviction of the respondent -original accused for offence under Sections 324 and 342 of IPC and also for offence under Section 498 -A. The learned Additional Sessions Judge has imposed RI for 3 years for the offence under Section 324 of IPC upon accused No. 1 -Pathubha Harisinh Jadeja and accused No. 2 -Chandba, RI for 1 year for offence under Section 342 of IPC, RI for 3 years in respect of offence under Section 498 -A of IPC and imposed a fine of Rs. 500/ -, and in default, further imprisonment for 6 months. Accused No. 3 -Ramba Aluji Jadeja & accused No. 4 -Jivuba Aluji Jadeja have been granted benefit of probation under Section 4(1)(3) of the Probation of Offenders Act and, therefore, no sentence has been imposed on them.

(2.) THE short facts of the case, briefly summarized, are that the deceased Laxmiba was married to accused No. 1 -Pathubha Harisinh on 3.3.1986 and was residing with the accused No. 1 at Village Lakdiya, Dist. Kutch, at the farm house situated near the field. It is averred that after the marriage, deceased Laxmiba was treated well for 11/2 months initially. However, thereafter, deceased Laxmiba was abused and beaten by accused Nos. 2, 3 and 4. It is alleged that on 3.3.86 accused No. 2 had, without any reason, beaten deceased Laxmiba and had also got her hairs removed, and one month thereafter, again, accused Nos. 2, 3 and 4 closed the door of the house and after denuding deceased Laxmiba, caused burn injuries to her on both hands, back, buttocks and also genital parts. As a result thereof, when deceased started shouting, accused Nos. 3 and 4 are alleged to have caught hold of her to shut her mouth. It is also alleged that accused No. 1, though was present, did not intervene to save her, on the contrary, threatened to kill her if she reports the incident to anybody. It is alleged that after the incident, deceased Laxmiba was kept locked inside the house and was not allowed to go out anywhere. However, on or around 12.3.1986, when accused No. 1 was not at the house, a relative brother of the deceased Laxmiba, Daya Koli, came there and Laxmiba escaped with him from Village Lakdiya in the evening and came to Ahmedabad, where the maternal grand parents are residing. Thereafter, she reported the incident to the maternal grand parents and she was removed to L.G. Hospital in the Burns Ward where she lodged a complaint. On the basis of the complaint, the PSI, Maninagar Police Station registered the complaint, being C.R. No. I -29/86, for the alleged offences under Sections 324, 342, 498 -A r/w Section 34 and 114 of IPC. However, on the death of the deceased, the offence under Section 302 of IPC was subsequently added.

(3.) ON the basis of the complaint/FIR, investigation was carried out. After the investigation was over, charge -sheet was submitted and the learned Judicial Magistrate (First Class), after ascertaining as regards papers given to the accused, committed the case to the Court of Sessions as the offence under Section 302 of IPC was triable by the Court of Sessions.