UMESHBHAI KANUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the appellants-original accused challenging the judgment and order of conviction and sentence dated 1. 7. 2005 passed by the learned Presiding Officer, Fast Track Court, Gondal in Sessions Case No. 104 of 1997 whereby the appellants were convicted and sentenced to undergo rigorous imprisonment for 3 years and fine of Rs. 1000/- and in default, rigorous imprisonment for six months for offence under section 498a read with section 114 of IPC and rigorous imprisonment for 7 years and fine of Rs. 2000/- and in default, further imprisonment for one year for the offences under section 306 read with section 114 of IPC. Both the sentences were ordered to run concurrently. Accused No. 1-Kanubhai Premjibhai was acquitted of the charges levelled against him.

(2.) THE case in brief is that the present appellant-accused No. 1, Umeshbhai Kanubhai is husband of deceased Menaben and appellant-accused No. 2, Champaben Kanubhai is mother-in-law of deceased Menaben. On 2. 5. 1997, Medical Officer, Gondal, Government Hospital got message that Menaben, wife of Umeshbhai aged 20 years received burn injuries and she was admitted in hospital for treatment. He conveyed the said message to PSO, Gondal Police station on telephoneand entry was made in the station diary and thereupon, Head Constable Jadeja made inquiry. Mr Jadeja also made arrangement for recording of dying declaration of Menaben by sending necessary yadi to Executive Magistrate and the Executive Magistrate recorded dying declaration of Menaben and an accidental death was registered being No. 0/97 with Gondal police station. As Menaben succumbed to injuries, inquest panchnama of the body of the deceased was carried out and investigation was handed over to Head Constable Jadeja. As the incident took place within the jurisdiction of Kotda Sangani police station, papers of this case was sent to Gondal City police station for further investigation. During the investigation of accidental death case by Dy. S. P. , Bhuria, he made enquiry with mother of deceased Menaben and mother of deceased lodged complaint before him alleging that in-laws of the deceased did not provide her sufficient food as well as she was beaten up by them and deceased Menaben was subjected to mental and physical torture. It is also alleged in the complaint that in-laws of the deceased were constantly taunting at the deceased that she has not brought enough dowry. Because of the physical and mental cruelty committed by the present appellant-accused No. 1, original accused No. 2 and original accused No. 3, Menaben committed suicide by setting her ablaze by pouring kerosene. Offence was registered as CR. No. 30/97 and investigation was carried out by PSI R. P. Zala. He recorded statements of the witnesses and arrested the accused. During the investigation, he also recovered muddamal by drawing panchnama and he also sent the muddamal to FSL for analysis. At the end of the investigation, charge sheet for the above referred offence was filed against all the three accused persons and the case was registered as criminal case No. 728/97. As the trial court has no jurisdiction to try the case for the above referred offences, he passed order under section 209 of the Criminal Procedure Code and committed the said case to the Sessions Court. Charge sheet was framed at Exh. 11 dated 5. 11. 2003 and all the accused denied the charges levelled against them and claimed to be tried.

(3.) TO prove its case, the prosecution examined as many as 18 witnesses including the complainant, witnesses, Medical Officer. Executive Magistrate, Investigating Officer etc. The prosecution also produced documentary evidence such as panchnama of scene of offence Exh. 19, inquest panchnama Exh. 23, post mortem report Exh. 29, complaint Exh. 27, dying declaration Exh. 32 and FSL report Exh. 62 and other relevant documents.