2020 Supreme(Guj) 500

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SONIA GOKANI, J.
State Of Gujarat – Appellant
Versus
Dhavalkumar Updeshbhai Patel & others – Respondents
R/Criminal Appeal No. 437 of 2018 With R/Criminal Appeal No. 205 of 2018
Decided on : 17-06-2020

Point of Law:
On a proper consideration and weighing of the evidences the only reasonable view that can be taken is that the cruel behaviour and constant taunts and harassment caused by the accused persons.

Headnote:

Criminal Law – Code of Criminal Procedure, 1973 – Sections 313 and 378(1)(3) – Indian Penal Code, 1860 – Sections 306, 498(A) read with Section 114 – Evidence Act, 1872 – Section 113A – Cruelty and Abetment of Suicide – Appeal against acquittal – Benefit of doubt given to respondents – Alleged to have harassed the deceased and thereby abated her to commit the act of suicide by physically and mentally torturing her. The harassment also continued by also torturing and taunting her with regard to the household work as well as on her failing to know stitching work. She was also alleged of being illiterate and having no capacity to make proper food and lacked in due care – Such mental and physical torture coupled with demand of dowry made her weak and ill. She was dropped at her parental home by her husband – Held, Court is conscious of the fact that there could be no compensation to the loss caused by the departure of daughter, young and vivacious. However, by way of a token, let the complainant know that the system has not forgotten her, it is being directed that the entire amount of fine shall be given by way of compensation to the parents of the deceased victim and additionally further amount of Rs.55,000/- (Rupees Fifty five thousand only) making it total Rs.01 lakh (Rupees one lakh only) shall need to be paid to the parents. The remaining amount of compensation, if not paid within four weeks, the same shall be recovered, as provided under the Code of Criminal Procedure for the fine to be recovered under section 57(3) of the Code of Criminal Procedure. Such amount shall be deposited in the account of Complainant by the registry through the available and accepted banking channel – Court finds appropriate to accede to the request of granting 10 (ten) weeks time for the said purpose. He shall surrender at the end of 10 (ten) weeks, if by then, he had not preferred the appeal and has not obtained any favourable order, he shall surrender as directed above. on his failure to so do it, the warrant shall be issued against him by the trial Court for the same be executed by the police authority concerned – Appeals allowed. (Paras 60 to 66)

Facts of the case:

Case of prosecution that prior they are alleged to have harassed deceased and thereby abated her to commit act of suicide by physically and mentally torturing her. The harassment also continued by also torturing and taunting her with regard to the household work as well as on her failing to know stitching work. She was also alleged of being illiterate and having no capacity to make proper food and lacked in due care. It is alleged that such mental and physical torture coupled with demand of dowry made her weak and ill. She was dropped at her parental home by her husband – Thereafter she was medically treated as her hemoglobin level fell down to 4%. On persuading respondent No.1, he had taken her back but, the ill-treatment had continued so did the torture & she was deserted on 13.08.2016. She was once again on the occasion of Rakshabandhan was dropped at her parental home where she complained to her friend about ill treatment meted out by her inlaws. She eventually hanged herself and there was a false information given to the complainant that her daughter had dental problem and therefore, was taken to the clinic and in about 10 minutes, another telephonic message was received that she was taken to the Civil Hospital, where she was found dead.

Findings of the court:

Court is conscious of the fact that there could be no compensation to the loss caused by the departure of daughter, young and vivacious. However, by way of a token, let the complainant know that the system has not forgotten her, it is being directed that the entire amount of fine shall be given by way of compensation to the parents of the deceased victim and additionally further amount of Rs.55,000/- (Rupees Fifty five thousand only) making it total Rs.01 lakh (Rupees one lakh only) shall need to be paid to the parents. The remaining amount of compensation, if not paid within four weeks, the same shall be recovered, as provided under the Code of Criminal Procedure for the fine to be recovered under section 57(3) of the Code of Criminal Procedure. Such amount shall be deposited in the account of Complainant by the registry through the available and accepted banking channel – Court finds appropriate to accede to the request of granting 10 (ten) weeks time for the said purpose. He shall surrender at the end of 10 (ten) weeks, if by then, he had not preferred the appeal and has not obtained any favourable order, he shall surrender as directed above on his failure to so do it, the warrant shall be issued against him by the trial Court for the same be executed by the police authority concerned.

Result: Appeals allowed.