THAKOR LABHUJI GOPALJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS both the appeals arise from the common judgment and order passed by the learned Sessions Judge in Sessions Case No.69 of 2007, they are being considered simultaneously.

(2.) IT may be recorded that the Criminal Appeal No.102 of 2008 has been preferred by the Original Accused Nos. 1 to 4, who have been convicted for the offences under Sections -498(A), 304(B) read with Section -34 read with Sections - 201, 202 and 436 of the Indian Penal Code and the sentence has been imposed for the respective offence, upon the accused concerned. Criminal Appeal No.1105 of 2008 has been filed by the State against acquittal of the original accused under Section -302 of the Indian Penal Code. For the sake of convenience, since there are cross -appeals, the parties shall be referred to as per their original status in the trial namely accused shall be referred to as A -1 to A -4, etc.

(3.) THE brief facts of the care are that the complaint came to be filed by Chhanaji Juhaji Thkaor (P.W. -3), inter alia, stating that he has six daughters out of which Vashiben(The deceased), Age : 26 years, had married since last four years with Labhuji Gopalji Thakor(A -1), resident of Village : Gughla, Taluka : Kadi and out of the said wedlock, a daughter, Aarti, was born. As per the complainant, initially, his daughter Vashiben used to come at his place, but, she did not inform him about any cruelty or harassment by her in -laws. But, after the birth of daughter, Aarti, when she came back to her parent's house, namely the house of the complainant, she informed her parents that her father -in -law, mother -in -law and brother -in -law are taunting her by saying that her parents did not give any dowry at the time of marriage and even after the birth of her daughter, Aarti. She also informed that her husband, because of instigation, was beating her and her mother -inlaw - Dharuben(A -4), father -in -law -Gopalji(A -2) were abusing and causing harassment to her. As per the complainant, prior to last three months, since his daughter, Vashiben(Deceased), was beaten by her husband(A -1) and was driven out of home, she had gone to the place of his brother, Ishwarji, at Village : Galodara, and thereafter, his brother Ishwarji had left Vashi at Mokhasan i.e. the place at which the complainant is residing. At that time, upon the inquiry by the complainant from Vashiben, he found that her brother -in -law, father -in -law and mother -in -law were not satisfied with the dowry and the items offered for 'Jiayana', after the birth of Aarti, and therefore, she had gone to Galodara and then came to his residence. But, at that time, the complainant gave consolation and convinced her to stay for some time at his residence. Thereafter, prior to one month from the date of the complaint, the in -laws of Vashiben including brother -in -laws -Gandaji Prahladji, Nathaji Pradhanji and Chanduji Gopalji came to the residence of the complainant for requesting Vashiben to stay together and they had undertaken that no harassment will be made to her and no taunting will be there. Therefore, in order to see that the life of the Vashiben may not be spoiled and the future of her daughter Aarti is also not spoiled, the complainant convinced Vashiben to go with her in -laws. Hence, since then, she was staying with her in -laws.