YOGESHKUMAR PRAMODRAI BRAHMIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellants who were convicted for the offence punishable under Section 302 read with Section 34/114 of the Indian Penal Code ('IPC' for short hereinafter) for committing murder of deceased Jyoti have preferred this appeal challenging the judgment and order of conviction and sentence dated 15.4.1993 recorded in Sessions Case No.24 of 1990 by learned Additional Sessions Judge, Amreli. The appellants who are husband, brother-in-law, sister-in-law and the mother-in-law of deceased were also charged alternatively under Sections 304-B and 306 of IPC. However, they have been acquitted with respect to the said charge.

(2.) Marriage between the deceased and A-1 took place on 10.3.1988. Out of the wedlock, deceased delivered a child on 28.11.1989 at Rajkot where she came for the purpose of delivery and resided at the house of her brother - Bharat, P.W.1, Ex.13. On 31.12.1989 she went with her husband to her matrimonial home at Amreli City. Thereafter something happened between the deceased and the accused and the deceased lost her life by throttling on 6.1.1990 at about 15.30 hours in a room occupied by the deceased and A-1. A-1 and A-4 took the deceased in a rickshaw to Civil Hospital, Amreli City at about 15.30 hours. Medical Officer, Civil Hospital, Amreli declared Jyoti dead and conveyed the said information to Amreli City Police Station. The hospital duty constable Zinabhai Narsibhai, P.W.15, Ex.79 recorded statements of the accused and prepared inquest panchnama, Ex.80 and thereafter handed over the investigation to Police Inspector Vaghela, P.W.16, Ex.82. Police Inspector Jamsinh Prabhatsinh Vaghela thereafter started investigation. On receipt of the post mortem report where the cause of death of the deceased was described as asphyxia due to throttling, all the accused were arrested. On completion of the investigation, investigating officer found all the accused, prima facie, guilty of committing murder, and submitted charge-sheet against the accused.

(3.) It may be stated that on 6.1.1990 at about 18.15 hours accused No.2 informed Amreli City Police Station that deceased committed suicide by strangulating herself as she was refused to go to Rajkot, by her husband. This information was recorded by Police Station Officer, Amreli City Police Station, vide entry No. 1/90 under Section 174 of the Criminal Procedure Code ('the Code' for short) vide Ex.83. All the accused were initially charged for the offence punishable under Section 302 read with Section 34/114 of IPC and in the alternative under Section 304-B and Section 306 of IPC. All the accused denied the charge and claimed to be tried. The defence of all the accused was of total denial regarding their involvement in the crime. However, accused Nos.1 and 2 submitted their written reply and accused Nos.3 and 4 adopted the same.