VALJIBHAI DHANJIBHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LABHUBEN, wife of appellant No. 1, sister-in-law of appellant No. 2 and daughter-in-law of appellant No. 3, committed suicide on 20th March, 2001 at about 17. 00 hours in her residence at Indiranagar, Vartej, Bhavnagar. An accidental death was registered, post-mortem was performed and dead body was handed over to the brother of the deceased, i. e the complainant. The brother of the deceased, however, lodged the FIR on 22nd March, 2001 with Vartej Police Station stating that the deceased was subjected to harassment by the appellants by doubting her character and causing physical and mental toucher. On the basis of that, an offence was registered and investigated. During the course of investigation, it was found that the matrimonial life of appellant No. 1 and the deceased had a span of about 20 years and from their wedlock, there were four children, three daughters and one son. One of the daughters was married. The deceased had lastly gone to her brother's house about a year prior to the incident and allegedly had made some complaint against the appellants. Later on, appellant Nos. 2 and 3 went to the house of the brother of the deceased to call her, and at that time, appellant No. 2 is alleged to have executed a writing on a stamp-paper, undertaking that no harassment would be caused to the deceased and that whatever harassment was caused, was regretted by them. Thereafter, there appears nothing to have been reported by the deceased. On the basis of the said FIR and the material collected during the course of investigation, police filed charge sheet in the Court of learned Chief Judicial Magistrate, Bhavnagar, who, in turn, committed the case to the Court of Sessions and Sessions Case No. 187/2001 came to be registered.

(2.) CHARGE was framed against the appellants at Exh. 1, to which they pleaded not guilty and came to be tried. On the basis of the evidence led by the prosecution, the trial Court came to the conclusion that the charges were proved for the offences punishable under Sections 498 (A) and 306 read with Section 114 of I. P. C. , and by judgment and order dated 30th June, 2004 awarded sentence as under :-"offences : 1. U/s. 498 (A) IPC (Accused No. 1)2. U/s. 306 IPC (Accused No. 1)3. U/s. 498 (A)IPC (Accused Nos. 2 and 3)4. U/s. 306 IPC (Accused Nos. 2 and 3)5. U/s. 114 IPC (Accused Nos. 1 to 3)Sentences: 1. S. I for two years and fine of Rs. 2000/-, i/d, S. I for six months (Accused No. 1 ). 2. S. I for ten years and fine of Rs. 3000/-, i/d, S. I for one year (Accused No. 1)3. S. I for one year and fine of Rs. 1000/-, i/d, S. I for three months (Accused Nos. 2 and 3)4. S. I for five years and fine of Rs. 2000/-, i/d, S. I for one year (Accused Nos. 1 and 3)5. No separate sentence. " all the sentences were ordered to run concurrently.

(3.) LEARNED advocate Mr. Pathan, appearing for the appellants, submitted that considering the marriage span, presumptive clause will not be applicable. The prosecution was, therefore, required to show the presence of the ingredients of Section 107 of I. P. C. , regarding which there is no evidence. There is no evidence to show any harassment or abetment in proximity of the incident of suicide, which occurred on 20th March, 2001. The appellants, therefore, could not have been convicted by the trial Court.