- (1.)This is an exceptional case where this Court has taken serious note, the way the Sessions Judge disposed of the Sessions case within a period of nine days, which can be briefly narrated herein-below: JUDGEMENT_817_TLPRE0_2014_1.html
(2.)The facts leading to the prosecution story pertains to the village Panchot of Mehsana District, Gujarat, where on 16.12.1997 suicide was committed by one lady Renukaben Maheshbhai Patel, who was married to appellant no.1 for two years before the incident. From this wedlock, couple had a female child. Appellant no.1-husband of deceased had been serving in Africa and before three months of the incident, he had come to village Panchot. It is alleged that appellant/accused No.3 (mother-in-law of deceased) was doubting the character of the deceased and subjected her to mental cruelty, and the deceased was also constantly beaten by her husband. Prosecution case is that preceding three days of the incident, all the three accused persons, who are appellants before us, were extremely harassing the deceased and upon instigation of appellant nos.2 and 3, husband-appellant no.1 had been beating deceased Renukaben, which continued for three days. On account of this and compelling circumstances, on 16.12.1997, at about 13.30 hours, Renukaben, at her in-laws house, poured kerosene of the quantity of five litres upon her and ignited herself and consequently she started burning in flames. Her husband (1st appellant) immediately tried to save the deceased and it has come to the evidence that while making such an attempt, the 1st appellant also suffered injuries. Thereafter, she was taken to General Hospital of Mehsana in ambulance and was treated by Dr. A.K. Kapadia and he found burns on all over her body, deep in nature.
(3.)In the meantime, Mehsana Taluka Police Station was informed and ASI PW4 reached at the Emergency of the Hospital where Renukaben was admitted and her treatment was going on. The Doctor who was attending Renukaben requested ASI Hargovanbhai to record her statement. The said police official, therefore, through his writer recorded the statement of victim Renukaben in a manner that he asked questions, which she answered and he got it noted through his writer. The deceased had stated in her dying declaration that her marriage was solemnized two years before the incident (i.e. in the year 1995) and out of that wedlock she had a female child. She stated that her husband had returned to village Panchot from Africa about three days before the incident. In the statement, she narrated the story that she was harassed by the appellants on account of suspicion on her character and due to mental as well as physical cruelty, she committed suicide. According to aforesaid police official (PW4), Renukaben was in a fit mental condition to give answers and in token of it, Doctor-in-charge put his signature on the statement and thereafter thumb impression of her leg was obtained since fingers of both of her hands were distorted by burning. Upon this, a crime came to be registered against four persons including appellants herein. The fourth accused was sister-in-law. Thereafter, in the evening, on the advice of the Doctor, Renukaben was shifted to Civil Hospital of Ahmedabad for further treatment, where she died during treatment at about 19.10 hours.