IBRAHIM SULATANBHAI QURESHI Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 23. 1. 1995 passed by the learned Addl. Sessions Judge, Bhavnagar, in Special Criminal Case No. 33 of 1994 whereby the Present appellants were convicted for the offences punishable under sections 354, 504, 506 (2), 306 of IPC and under section 3 (i) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, ?sthe Act?? ). They were also sentenced to suffer R. I. for one year and fine of Rs. 250/-, in default, simple imprisonment for one month for offence under section 354 of IPC, R. I. for 7 years and a fine of Rs. 500/- each, in default R. I. for one year for offence under section 306 of IPC and R. I. for 3 years and fine of Rs. 250/-, in default, simple imprisonment for one month for offence under section 3 (i) (xi) of the Act. The said judgment and order is challenged by way of this appeal. While admitting the appeal, both the appellants were released by this court vide order dated 23. 3. 1995. The facts of the prosecution cases, in brief, are as under:

(2.) DECEASED Nitaben Dhanjibhai (complainant) was residing with her mother and brothers in Sinha colony, Near Water Tank in Railway Quarters, Bhavnagar. Father of the deceased, Dhanjibhai was, at the relevant time, serving at Railways. Marriage of the deceased Nitaben took place 5 years back with one Arvind Karsan and he was not employed and had no income. The deceased took divorce from her husband. Out of the wedlock the deceased gave birth to one son who was 4 years old and was with his father at the time of the incident.

(3.) THE incident took place on 24. 7. 1994. On that day, deceased Nitaben and her mother were alone at home and her mother called her to go to their neighbour's house to watch T. V. Deceased Nitaben told her mother to go and she will join her afterwards. Therefore, Nitaben's mother told her to join her and she went to watch T. V. to her neighbour, Sulemanbhai. After sometime, for going to Sulemanbhai's house, Nitaben was locking the door from outside. During that time, somebody caught her from behind. First she thought that it was her brother. However, when that person gagged her mouth with hands, she realised that it was accused Ibrahim Sultan, another neighbour. He tried to outrage her modesty. Nitaben shouted for help and her brother came for rescue and she was saved from the accused. At that time, mother of the victim, her neighbour Suleman, his son Rasak and Jorubha Ratansinh also reached there and the accused had run away. It is also alleged that after the incident took place, the accused Ibrahim and his brother Sabir had come there and abused Nitaben and her family members and had also threatened them with dire consequence and to kill them. Due to intervention of other persons, the accused persons left that place. Thereupon, Nitaben lodged a complaint before the P. S. O. , Bhavnagar City 'a' Division Police Station at about 21. 10 hrs and offence was registered as CR. I. No. 294 of 1994 for offences under sections 354, 504, 506 (2) and 114 of IPC. Investigation was carried out by Mr B C Bilwal, PSI and during the investigation on the next day morning he went to the place of the incident and recorded statement of the victim as well as the accused and panchnama was drawn. In the evening also the I. O. visited the place of the offence for recording the evidence. At that time he found a mob of people and it is learnt that deceased Nitaben committed suicide by setting herself ablaze. She received severe burn injuries. Police Constable recorded statement of Nitaben. The said statement was verified by the I. O and thereafter panchnama of scene of offence was drawn. Thereafter, she was removed to hospital and her dying declaration was recorded by Executive Magistrate and thereafter she succumbed to the injuries. As she expired, section 306 was added and report was submitted by the IO before the Court and at the end of the investigation for the offences under sections 354, 504, 506 (2), 306 of IPC, charge sheet was filed. Thereupon, the learned Sessions Judge framed charge for the above referred offences and as the accused denied the charges levelled against them and claimed to be tried, the prosecution was asked to lead evidence. To prove its case, the prosecution has examined the following witnesses: i. PW 1 Kunverben Dhanjibhai,mother of decd. Exh. 9 ii. PW 2 Mehboob Gudulal, Executive Magistrate Exh. 10 iii. PW 3 Jitubhai Dhanjibhai, brother of decd. Exh. 13 iv. PW 4 Jorubha Ratansinh Exh. 14 v. PW 5 Dhirajlal Barot, Head Constable Exh. 15 vi. PW 6 Rashmikant Ratilal Exh. 21 vii. PW 7 Suleman Gafoor, Panch Exh. 23 viii. PW 8 Bipin Vajubhai Exh. 25 ix. PW 9 Bhavsinh Chhaganlal Bilwal, IO Exh. 27 x. PW 10 Prakash Naranbhai, Panch Exh. 28