The court upheld the conviction under Section 498A for mental cruelty but confirmed the acquittal under Section 306, determining the cause of death was an accidental fall, not linked to accused's actions.

JUDGMENT :

A.Y. Kogje, J.

1. Present group of Appeals is preferred by the State under Section-377 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction under Section-498A of the INDIAN PENAL CODE for the purpose of enhancement and under Section 378(1)(3) of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal of the respondents-accused for the offence under Section-306 of the INDIAN PENAL CODE and the Revision Application filed at the relevant time by the complainant challenging the acquittal of the respondents-accused for offence under Section-306 of the INDIAN PENAL CODE . Both the Appeals and Revision Application were ordered to be heard together under order dated 09-11-2022 by the Coordinate Bench and accordingly, all these matters are taken up for final disposal.

2. The State is in Appeal against the judgment and order dated 25-09-2009 passed by the Additional Sessions Judge and 3rd Fast Track Court, Panchmahal at Godhra in Sessions Case No.33 of 2009. Before the trial Court, five accused persons were tried for offence under Section-498A and Section-306 of IPC; accused No.1 being husband of the deceased-Minaben, the respondents-accused Nos.2 and 3 being mother-in-law and father-in-law respectively, while the respondents-accused Nos.4 and 5 being Sister-in-law of the deceased.

3. From the impugned judgment and order, all the accused have been acquitted of offence under Section-306 of IPC, whereas accused persons have been convicted for offence under Section-498A of IPC and undefined respondent-accused No.1 is ordered to undergo for sentence of 9 months of simple imprisonment, whereas the rest of the respondents-accused are ordered to undergo for simple imprisonment of 3 months.

4. Learned Additional Public Prosecutor and learned Advocate Mr. N.R. Kodekar, who is appearing for the complainant, have jointly submitted that an error is committed in acquitting the accused persons of the offence under Section-306, as the Court has failed to take into consideration marriage period between the deceased and the respondent No.1, which was only for a period of two and half years and the age of the deceased was only 22 years.

4.1 It is submitted that from the evidence of witnesses, who are brother of the deceased, father of the deceased and sisters of the deceased, the prosecution was able to establish harassment of the deceased in her matrimonial life by all the respondents-accused together and particularly because even after period of two and half years, as she did not have any children, there was mental and physical torture meted out. It is submitted that the Court ought to have taken into consideration this evidence of the witnesses to conclude that there was both physical and mental harassment to the deceased, which has lead her to commit suicide by jumping into the well. It is submitted that panchnama of the scene of the offence would clearly indicates that body of the deceased was recovered from the well and that with great difficulty, the body could be removed from the well and just prior to deceased jumping into well, she had made an attempt to contact her brother on telephone to indicate the harassment meted out to her. It is submitted that witness who was in telephone booth, has deposed that after telephone call made undefined by the deceased, she was found wiping and had left telephone booth and immediately thereafter, incident took place, where the deceased jumped into the well. Therefore, there was proximate reasons of harassment, which lead to the deceased to commit suicide attributing cruelty to all the respondents.

4.2 It is submitted that evidence, which was exhibited in the form of ‘Janvajog’ as well as