- (1.) These two appeals arise out of a common judgment rendered in Criminal Appeal No. 500 of 1985 on the file of High Court of Gujarat at Ahmedabad. Criminal Appeal No. 459 of 1987 is preferred by the convicted appellant, S. D. Soni challenging his conviction under Sec. 304, Part I, I.P.C. and the sentence of 5 years rigorous imprisonment and Criminal Appeal No. 460 of 1987 is preferred by the State of Gujarat on the ground that the evidence makes out a case for an offence punishable under Sec. 302, I.P.C. and that the judgment of the High Court convicting S. D. Soni (respondent in the State appeal) under Sec. 304, Part II, I.P.C. is erroneous.
(2.) The fact, materials for the purpose of these appeals, may however be briefly indicated : The appellant in Criminal Appeal No. 459 of 1987 hereinafter referred to by his name "Soni" married Varsha, the deceased herein on 4-12-1982. After the marriage, she came to Ahmedabad and stayed with her husband who was in joint family of Roopam Society at Ahmedabad. After having stayed for about one month with her husband, she returned to her parents' place at Bombay and after about a month, Soni took her back to the matrimonial home. According to the prosecution that even during her stay with her husband for about a month, the matrimonial life was not happy as it ought to be as the lady members of the house used to taunt her. She was not even allowed to see and freely talk to her father and brother in private when they used to visit her. While so, on 7-7-1983 the deceased wrote letter Exh. 18 to her parents informing them that she was being ill-rated by her husband and in-laws and other relatives complaining that her father did not give her anything at the time of marriage and that only Almightly could save her from threatened danger. After the receipt of the letter, the father of the deceased contacted the father of Soni who asked the father of the deceased (PW 5) to come to meet him personally. Thereafter, there was a chain of correspondence between the parents of the deceased and the appellant Soni. While it is so, on the morning of 1st August, 1983, the deceased Varsha was found lying dead in her bed in her matrimonial home. According to the defence version, a chit (Exh. 80) was seen underneath a pillow, said to have been written by Varsha herself to the effect that she was committing suicide on her own volition by consuming sleeping pills as she was in love with a boy at Bombay and her demand for divorce was not acceded to by her husband. At the request of the inmates of the house, one medical officer by name Dr. Kumudchandra (PW 23) examined Varsha and declared her to be dead. Thereafter, the police was informed that Varsha had committed suicide. The Sub-Inspector of Police (PW 17) attached to Navrangpura Police Station held the inquest over the dead body and sent a report Exh. 10 stating that it was a suicidal death. After the inquest, the dead body was sent to Civil Hospital for post-mortem examination. The parents of Varsha on being informed that their daughter was in serious condition rushed to Ahmedabad from Bombay by the evening flight. The dead body after the post-mortem examination was brought to the house of Soni in the early morning of 2-8-1983 and thereafter the cremation took place.
(3.) Be that as it may, after the completion of the 12th day ceremony, (PW 5) sent a petition Exh. 29 to the Commissioner of Police, Ahmedabad requesting for a thorough enquiry into the death of his daughter, Varsha as he had suspected some foul play and that the death was not of a natural one. Copies of the letters were sent to the Home Minister, I.G.P. and Chief Justice of Gujarat State. Another petition Exh. 30 dated 1-9-1983 was also submitted to the Home Minister of the State. As PW 5 felt Navrangpura Police had not taken proper investigation and was misled by the false information given by Soni and his father and as the alleged chit Exh. 80 was a fabricated one, the father and brother of the victim sent successive petitions which ultimately led to the entrusting of the investigation into the death of Varsha to the Crime Branch, Ahmedabad. PW 21 who was the Sub-Inspector of Police, C.I.D. Crime Branch of Ahmedabad took up the investigation on 7-1-1984. On obtaining the papers of the previous investigation, PW 21 came to know that there was a note in the case diary to the effect that the cause of death had been kept reserved. He visited the scene of offence on 10-1-1984 and obtained two letters Exhs. 18 and 19 said to have been written by deceased, Varsha which letters were found attached with the panchnama. Though PW 21 tried to contact Dr. D. G. Desai (PW 11) on 12-1-1984 and 16-1-1984 for obtaining his opinion about the cause of death, he could not contact him as the Doctor was on leave. He sent the letters said to have been found beneath the pillow and the letters Exhs. 18 and 19 to the Handwriting Expert for his opinion. Then he recorded the statement of other witnesses and received the opinion of the Handwriting Expert on 5-6-1984 and the opinion of PW 11 on 6-6-1984. On 16-8-1984, he arrested the appellant and produced him for remand. The specimen handwriting of the appellant were obtained. After completing the investigation, he laid the charge-sheet on 13-10-1984. To establish the charges levelled as against Soni, as many as 23 witnesses were examined and 105 exhibits were filed. The defence of the accused was one of denial.;