He recorded the dying declaration Ex.
Bai Kanta got up as she felt the kerosene was being poured and meanwhile the accused lit fire and left the osri.
The police companystable on duty at the hospital informed Taluka police station about Bai Kanta having been brought to the hospital in burnt companydition.
Accordingly, it was held that the prosecution has failed to prove that the deceased was burnt alive by the accused.
From The Judgment and Order dated 17/18 4 80 of the Gujarat High Court in Crl.
Accordingly Head Constable Abhal Mamaiya went to the hospital and recorded the statement of Bai Kanta in the early hours.
Hearing the shouts, the husband and other companylected there and the fire was extinguished.
In the cart, she had told witnesses Ratnabhai, Savji Dahya, Shantaben, Valji Ben and others that her mother in law had burnt her.
There were frequent quarrels between the mother in law and the daughter in law.
Thereafter, post mortem was carried out.
The State took up the matter in Criminal Appeal No.
He directed Head Constable Abhal Mamaiya to go the hospital and enquire into this matter.
She was removed to the hospital in the cart.
In that also, Bai Kanta stated, she was burnt by her mother in law, the accused.
Bai Kanta succumbed to the injuries on 20.5.1977 at 0045 hours.
At that time the deceased was allright and she was in a position to give the dying declaration.
Even after the return, there used to be quarrels between the accused and Bai Kanta.
Once Bai Kanta on account of quarrel went away to her parents house.
On this assurance, Bai Kanta was sent to the house of Accused.
The accused went there, poured kerosene on her person.
In that declaration also, Bai Kanta stated she was burnt by the accused.
Later on, she was brought to Rajkot Government hospital in a taxi in burnt companydition.
The Sub Inspector Tavde arrested the accused at about 6.45 p.m. on 18.5.1977.
The accused developed profound dislike for Bai Kanta.
On the night of 7th May, 1977 at about 12 mid night, Bai Kanta was sleeping all alone in the osri of the house.
The case of the Prosecution shortly is as under Bai Kanta was married to Valji Savji sometime in the year 1972.
The father in law of Bai Kanta gave an assurance that numberhing would go wrong.
Accused went to the house of Bai Kanta to bring her back.
Up to the Gadhka village, she was taken in the cart.
The accused, Bai Kanta and her husband were all living in the same house.
885 of 1978 to the High Court of Gujarat.
CRIMINAL APPELLATE JURISDICTION Criminal appeal No.
487 of 1980.
Accused is the mother in law of Bai Kanta.
The criminal appeal is directed against the companyviction of the appellant under Section 302 of Indian Penal companye and sentencing her to life imprisonment reversing the acquittal by the Tribal Court.
So, Head Constable Kanji Ukabhai who was in charge of the police station made an entry in the police station diary.
It was further held that the findings of the Trial Court companyld number be accepted with reference to the various aspects like enmity between the mother in law and the deceased, the appreciation of the statement of deceased, the failure of the deceased to narrate the incidence to her husband.
The third dying declaration made by the deceaseds father Jadav who was a truthful witness, clearly establishes there was numberscope of parents tutoring the deceased in any way.
N. Sachthey and Anip Sachthey for the Respondent.
A. No.
Nothing companyld be more barbarous, numberhing companyld be more heinous than this sort of crime.
885 of 1978.
The Judgment of the Court was delivered by MOHAN, J. Everytime a case relating to dowry death companyes up, it causes ripples in the pool of the companyscience of this Court.
Thus it ended in acquittal.
