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2013 Supreme(Guj) 759
IN THE HIGH COURT OF GUJARAT
Abhilasha Kumari, J.
State of Gujarat - Appellant
Versus
Avinas Dinkar Joshi & Ors. - Respondents
Criminal Appeal No. 900 of 2000
Decided On : 09-04-2013
For the Appellant : Mr. K.L. Pandya, Additional Public Prosecutor
For the Respondent:Mr. Mitesh R Amin, Advocate
Headnote:
Penal Code, 1860 - Sections 498A, 306 and 114 - Cruelty - Dowry - Appeal against conviction - The complaint was lodged alleging that the respondents treated with cruelty by causing her physical and mental torture, leading to her suicide - It was also alleged that the respondents demanded a colour television, refrigerator and other articles and as those demands were not fulfilled, the deceased was ill-treated - Whether proved - Appeal - Held, The mystery becomes all the more baffling as just before she went to commit suicide, the deceased visited PW8 Taraben in a happy and joyful mood and took tea and snacks with her. She never complained of anything at all - Suddenly thereafter, she jumped into the Sabarmati River along with her two small children and ended not only her own life but the lives of her two innocent children - It is hinted that the deceased did not want to live in a joint family - However, a separate house had been arranged for her and respondent No.1. So, that could not have been the cause of her death - Whatever may have been the reason for Bhavna's tragic suicide, examined from the legal perspective, the nature of the evidence on record is such that no criminal liability can be fastened upon the respondents - Court finds itself in agreement with the findings recorded by the Trial Court - There is no justifiable reason, therefore, to interfere with the impugned judgment - Court finds no merit in the appeal - Appeal dismissed.
Facts of the case:
The complaint was lodged on 15.11.1997, with Ellisbridge Police Station, alleging that the respondents treated Bhavna with cruelty by causing her physical and mental torture, leading to her suicide. It was also alleged that the respondents demanded a colour television, refrigerator and other articles and as those demands were not fulfilled, the deceased was ill-treated.
Findings of the case:
The mystery becomes all the more baffling as just before she went to commit suicide, the deceased visited PW8 Taraben in a happy and joyful mood and took tea and snacks with her. She never complained of anything at all - Suddenly thereafter, she jumped into the Sabarmati River along with her two small children and ended not only her own life but the lives of her two innocent children - It is hinted that the deceased did not want to live in a joint family - However, a separate house had been arranged for her and respondent No.1. So, that could not have been the cause of her death - Whatever may have been the reason for Bhavna's tragic suicide, examined from the legal perspective, the nature of the evidence on record is such that no criminal liability can be fastened upon the respondents - Court finds itself in agreement with the findings recorded by the Trial Court - There is no justifiable reason, therefore, to interfere with the impugned judgment - Court finds no merit in the appeal
Result:
Appeal dismissed
JUDGMENT :
Abhilasha Kumari, J.
The challenge in this appeal is to the judgment and order dated 06.07.2000, rendered by the learned Additional Sessions Judge, Court No.14, Ahmedabad City, in Sessions Case No.150 of 1998, whereby, all three respondents-original accused were acquitted of the charges under Sections 498A, 306 read with Section 114 of the Indian Penal Code.
2. The case of the prosecution is as follows:
Deceased Bhavna was married to respondent No.1, Avinas Dinkar Joshi, five years prior to the incident that took place on 08.11.1997. Respondent No.1 resided at Dev-ni-Sheri, Lakha Patel’s Pole, Sankdi Sheri, Raipur, Ahmedabad, with his father, mother Lalita Dinkar Joshi (respondent No.2), his sister, Alpa Dinkar Joshi (respondent No.3) and another sister and brother. A complaint was registered by Ramanlal Derasaria (PW5), father of deceased Bhavna, to the effect that on 08.11.1997, in the afternoon, Bhavna left her matrimonial home along with her two children, namely, Puja, aged 3 years and son Kaushal, aged 5 months, without informing respondent No.1 or any of his family members. At about 9:30 pm, respondent No.2, Bhavna’s mother-in-law, along with her sister, Usha, and son, Hardik, as well as other members of the family came to the house of the complainant and informed PW7, Ranjanben, the mother of the deceased, that Bhavna had left the matrimonial house with her children and had gone to the house of PW8, Taraben, aunt of the complainant, but had not returned home till 9:30 pm. The complainant was on duty at the relevant point of time and was informed that Bhavna was missing by his son, when he returned home. Information that Bhavna was missing with her children was given to the Astodia Police Station by the complainant on 09.11.1997. On 10.11.1997, the police personnel at the Astodia Police Station requested the complainant to go to Ellisbridge Police Station, as the dead body of a woman had been found, which was kept at Vadilal Sarabhai General Hospital. The complainant went from Ellisbridge Police Station to the mortuary of V.S. Hospital, where he identified the dead body as that of his daughter, Bhavna. On the night intervening the 10th/11th November, 1997, the dead body of Kaushal, Bhavna’s infant son, was found. On the next day, the dead body of Puja, daughter of the deceased, was recovered. It is the case of the prosecution that deceased Bhavna, along with her two children, committed suicide, by jumping into the Sabarmati river as the respondents and Pinakin, Bhavna’s brother-in-law (who was not before the Court, being a minor at the relevant point of time), were harassing her frequently by inflicting mental and physical torture upon her. As per the case of the prosecution, respondent No.1 was suspicious of the character of the deceased as their daughter Puja was fair complexioned and he used to infer that she could be the daughter of another man. Due to this, respondent No.1 used to beat the deceased, which information the deceased had imparted to her mother, Ranjanben, PW7, when she had come to her parental house. However, PW7 had advised Bhavna to bear the torture and have courage.
The complaint was lodged on 15.11.1997, with Ellisbridge Police Station, alleging that the respondents treated Bhavna with cruelty by causing her physical and mental torture, leading to her suicide. It was also alleged that the respondents demanded a colour television, refrigerator and other articles and as those demands were not fulfilled, the deceased was ill-treated.
3. Upon registration of the complaint, the investigative machinery was set into motion. An inquest was held on the dead body of Bhavna, which was sent for autopsy. Three Panchnamas, at Exhibits 23, 27 and 29, respectively, came to be drawn. At the end of the investigation, as sufficient incriminating evidence was found against the respondents, a charge-sheet was filed against them in the Court of the learned Metropolitan Magistrate, Court No.16, Ahmedabad. The case wa
