IMPORTANT POINTS
In matrimonial disputes the witnesses will be mainly relatives. Their evidence cannot be rejected as being interested witnesses.
Merely because an accused has been held guilty under Section 498A IPC, it does not follow that he must also and necessarily be held guilty under 306 IPC.

JUDGMENT

V.GOPALA GOWDA, J.

Leave granted.

2. This appeal is filed by the appellants against the impugned judgment and order dated 23.02.2015, passed in Criminal Appeal No. 101 of 2010, by the High Court of Judicature of Gujarat at Ahmedabad, wherein the High Court has dismissed the appeal of the appellants and upheld the order of conviction and sentence of the appellants under Sections 498A and 306 read with Section 114 of the Indian Penal Code, 1860 (in short “I.P.C.”) passed by the Fast Track Court, Veraval, Camp Una, in Sessions Case No.9 of 2007 (hereinafter “the trial court”) in its judgment and order dated 21.11.2009. The appellants have prayed to set aside the same and quash the criminal proceedings initiated against them by the respondent-State, urging various legal grounds.

3. The brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:

The appellant nos. 1 and 2 are the mother-in-law and the sister-in-law of the deceased respectively. It is the case of the prosecution that the deceased was residing with her husband and in-laws in a joint family at Kodinar with a minor daughter. However, within 2 years of marriage, the deceased was allegedly tortured by her husband and her in-laws for not bringing dowry and not working properly. The deceased was also allegedly driven out of her matrimonial home and was forced to stay at Kanta Stri Vikas Gruh at Rajkot.

4. The deceased informed the complainant, who is her paternal uncle about the harassment and that her husband and in-laws were demanding an amount of Rs.20,000/-from her. The maternal uncle of the deceased persuaded her to compromise with her in-laws and sent her back to her matrimonial home. Thereafter, the deceased was kept well for a month but she was later allegedly beaten up and driven out of her matrimonial home. A case was registered against them before the Amreli Nari Surakhsha Gruh. After 2 months, the husband and the father-in-law of the deceased brought her back after making a settlement. After a month of her return to her matrimonial home, the deceased was again allegedly beaten up and thrown out of her home. The deceased then filed a complaint against her in-laws before the Babra Police Station and a maintenance application was filed before the Babra Court. The husband of the deceased brought her back home again after making a settlement before the Court but she was again allegedly beaten up by her in-laws against which she filed a case before the Amreli Mahila Vikas Gruh, where her maintenance was fixed at Rs.1,000/-p.m. but the same was not paid by her husband.

5. The deceased then stayed at the Gondal Bala Ashram (orphanage) and from there she again went back to her in-laws place at Kodinar to meet her daughter whose custody was with her husband as part of a compromise between herself and the accused. It is further the case of the prosecution that on 12.11.2006 at about 11.30 hours when the complainant was on his way to work he received an information that the deceased had consumed poison and later came to know through his daughter that the deceased had passed away.

6. The complainant then filed a complaint being I.C.R. No.172 of 2006 before the Kodinar Police Station against the appellants and the husband of the deceased. Thereafter, further investigation was carried out, the panchanama of the scene was drawn, the statements of the witnesses were recorded and the accused were arrested.

7. The learned trial court after recording the evidence of prosecution witnesses and on perusal of the dying declaration of the deceased and on consideration of the same, convicted and sentenced the present appellants and the husband of the deceased for the offences punishable under Sections 498A and 306 read with Section 114 of I.P.C. The accused were to undergo 3 years of rigorous imprisonment with a fine of Rs.5000/-and in default, further simple imprisonment of six months for the offences punishable unde