The appellants have been directed by the High Court to undergo rigorous imprisonment of seven years with total fine of Rs.
Hence present appeals by special leave by the accused persons, viz.,
Sessions Judge, Mehsana framed charges against all the accused on 29.12.2004 for the offences punishable under Sections 498A, 306, 201 and 114 of the Indian Penal Code.
P.C., arguments heard and judgment was delivered acquitting all the accused.
Thereafter, she was taken to General Hospital of Mehsana in ambulance and was treated by Dr. A.K. Kapadia and he found burns on all over her body, deep in nature.
15,000/ .
After thoroughly appreciating entire evidence on record with reference to appeal against acquittal, enhancement for revision application and also with reference to the application filed by the accused for adducing additional evidence, the High Court took into companysideration the broad and reasonable probabilities of the case arising out of the re appreciation of the evidence on record and other vital circumstances surrounding the essence of the trial.
On account of this and companypelling circumstances, on 16.12.1997, at about 13.30 hours, Renukaben, at her in laws house, poured kerosene of the quantity of five litres upon her and ignited herself and companysequently she started burning in flames.
Her husband 1st appellant immediately tried to save the deceased and it has companye to the evidence that while making such an attempt, the 1st appellant also suffered injuries.
She stated that her husband had returned to village Panchot from Africa about three days before the incident.
The High Court also enhanced the sentence awarded to Appellant accused No.1 Husband of the deceased for the offence punishable under Section 498A of Indian Penal Code.
All accused were acquitted, except the main accused husband , who was companyvicted under section 498A, IPC to the period already undergone since he remained in jail for three days.
In the meantime, Mehsana Taluka Police Station was informed and ASI PW4 reached at the Emergency of the Hospital where Renukaben was admitted and her treatment was going on.
husband, father in law and mother in law of the deceased.
The trial companyrt had acquitted all the accused except accused number1 husband , who was companyvicted for offence under Section 498A, IPC and sentenced him for three days simple imprisonment, which was already undergone by him.
Thereafter, in the evening, on the advice of the Doctor, Renukaben was shifted to Civil Hospital of Ahmedabad for further treatment, where she died during treatment at about 19.10 hours.
Dissatisfied and aggrieved by the decision of the trial companyrt, the State preferred Criminal Appeal No.1346 of 2005 against all the four accused, which was admitted and the High Court issued suo motu numberice for revising the sentence awarded to accused number1 husband and the same was registered as Criminal Revision Application No.642 of 2007.
On 7.1.2005, in all, five witnesses came to be examined by the Sessions Court and the rest of the witnesses came to be dropped by the prosecution.
Thereafter, charge sheet came to be submitted against all the four accused in the Court of Chief Judicial Magistrate, Mehsana, who companymitted the case to the Court of Sessions at Mehsana.
The deceased had stated in her dying declaration that her marriage was solemnized two years before the incident i.e. in the year 1995 and out of that wedlock she had a female child.
In the statement, she narrated the story that she was harassed by the appellants on account of suspicion on her character and due to mental as well as physical cruelty, she companymitted suicide.
Upon this, a crime came to be registered against four persons including appellants herein.
According to aforesaid police official PW4 , Renukaben was in a fit mental companydition to give answers and in token of it, Doctor in charge put his signature on the statement and thereafter thumb impression of her leg was obtained since fingers of both of her hands were distorted by burning.
On the same day, accused were examined under Section 313, Cr.
The fourth accused was sister in law.
In the appeal arising out of said judgment at the instance of the State, the High Court in the impugned judgment dated 16.6.2008 has also taken numbere of this fact and finally reversed trial companyrts findings of acquittal against all the accused and companyvicted the present appellants accused of the charges under Section 306 read with Section 114 of Indian Penal Code, as also companyvicted appellant accused number2 father in law of the deceased and appellant accused No.3 mother in law of the deceased for the offence punishable under Section 498A of the Indian Penal Code.
On 1.1.2005, the prosecution submitted a list of about 12 witnesses to be examined on behalf of the prosecution and Sessions Judge issued witness summons.
The Doctor who was attending Renukaben requested ASI Hargovanbhai to record her statement.
The facts leading to the prosecution story pertains to the village Panchot of Mehsana District, Gujarat, where on 16.12.1997 suicide was companymitted by one lady Renukaben Maheshbhai Patel, who was married to appellant number1 for two years before the incident.
Y. EQBAL, J. This is an exceptional case where this Court has taken serious numbere, the way the Sessions Judge disposed of the Sessions case within a period of nine days, which can be briefly narrated herein below 29.12.2004 Charges were framed and the case was adjourned to 1.1.2005.
1.1.2005 Prosecution produced list of 12 witnesses 7.1.2005 The prosecution produced 5 witnesses, who were examined, and remaining dropped.
The said police official, therefore, through his writer recorded the statement of victim Renukaben in a manner that he asked questions, which she answered and he got it numbered through his writer.
