PANIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Every time a case relating to dowry death comes up, it causes ripples in the pool of the conscience of this Court. Nothing could be more barbarous, nothing could be more heinous than this sort of crime. The root cause for killing young bride or daughter-in-law is avarice and greed. All tender feelings which alone make the humanity noble disappear from the heart. Kindness which is the hallmark of human culture is buried. Sympathy to the fairer sex, the minimum sympathy is not even shown. The seedling which is uprooted from its original soil and is to be planted in another soil to grow and bear fruits is crushed. With this prefatory note, we pass on to the matrix of facts.

(2.) The criminal appeal is directed against the conviction of the appellant under S. 302 of Indian Penal Code and sentencing her to life imprisonment reversing the acquittal by the trial Court. The case of the prosecution shortly is as under: Bai Kanta was married to Valji Savji sometime in the year 1972. Accused is the mother-in-law of Bai Kanta. There were frequent quarrels between the mother-in-law and the daughter-in-law. Once Bai Kanta on account of quarrel went away to her parent's house. Accused went to the house of Bai Kanta to bring her back. The father-in-law of Bai Kanta gave an assurance that nothing would go wrong. On this assurance, Bai Kanta was sent to the house of accused. The accused, Bai Kanta and her husband were all living in the same house. Even after the return, there used to be quarrels between the accused and Bai Kanta. The accused developed profound dislike for Bai Kanta. On the night of 7th May, 1977 at about 12 mid-night, Bai Kanta was sleeping all alone in the 'osri' of the house. The accused went there, poured kerosene on her person. Bai Kanta got up as she felt the kerosene was being poured and meanwhile the accused lit fire and left the 'osri'. Bai Kanta shouted for help. Hearing the shouts, the husband and others collected there and the fire was extinguished. She was removed to the hospital in the cart. In the cart, she had told witnesses Ratnabhai, Savji Dahya, Shantaben, Valji Ben and others that her mother-in-law had burnt her. Up to the Gadhka village, she was taken in the cart. Later on, she was brought to Rajkot Government hospital in a taxi in burnt condition. The police constable on duty at the hospital informed Taluka police station about Bai Kanta having been brought to the hospital in burnt condition. So, Head Constable Kanji Ukabhai who was in charge of the police station made an entry in the police station diary. He directed Head Constable Abhal Mamaiya to go to the hospital and enquire into this matter. Accordingly, Head Constable Abhal Mamaiya went to the hospital and recorded the statement of Bai Kanta in the early hours. It was stated by her that the mother-in-law burnt her. Abhal Mamaiya wrote a yadi for dying declaration to the Executive Magistrate which was received by him at 6 a.m. Abhal Mamaiya, thereafter filed a complaint on the strength of the statement of the deceased and the investigation started. The Executive Magistrate reached the hospital at about 7. 10 a.m. on 18-5-1977. He recorded the dying declaration Ex. 29. In that declaration also, Bai Kanta stated she was burnt by the accused. Police Sub-Inspector Tavde of Rajkot Taluka police station took up the investigation; went to the scene of occurrence; made the panchnama of the scene of occurrence; recorded the statement of witnesses. He arrested the accused in the evening. He also recorded the statement of Bai Kanta on 19-5-1977. In that also, Bai Kanta stated, she was burnt by her mother-in-law, the accused. The Sub-Inspector Tavde arrested the accused at about 6.45 p.m. on 18-5-1977. Bai Kanta succumbed to the injuries on 20-5-1977 at 0045 hours. Thereafter, post-mortem was carried out.

(3.) On completing the necessary investigation, the accused was charge-sheeted and after committal, she was tried by the learned Sessions Judge of Rajkot in Sessions Case No. 34 of 1977.