STATE OF GUJARAT Vs. RAJABHAI JORABHAI RABARI
LAWS(GJH)-2013-1-353
HIGH COURT OF GUJARAT
Decided on January 31,2013

STATE OF GUJARAT Appellant
VERSUS
Rajabhai Jorabhai Rabari Respondents

JUDGEMENT

- (1.)THIS appeal is directed against the judgment and order dated 12th May, 1997 passed by the learned Additional Sessions Judge, Palanpur in Sessions Case No.140/1995 whereby he has acquitted the accused of the offences punishable under sections 498-A and 306 read with section 114 of the Indian Penal Code.
(2.)THE prosecution case is that the first informant ­ Jorabhai Madhabhai Desai lodged a first information report vide Deesa (Rural) Police Station I-C.R. No.17/1995 alleging that on the said day, he was present at his home in his village when in the afternoon at about 2 o'clock Rabari Ishwarbhai Lebabhai from Aaseda came to his house and informed him that his niece (brother's daughter) Jabuben, daughter of Kurshibhai Madhabhai had fallen into a well at Aaseda village and expired and that he had witnessed the same. Upon his saying so, since his brother Kurshibhai was at that time at Navsari and was not present, he and his cousins, Dana Sava, Vasi Prabha and Ghuda Madha etc. informed other persons of their village and together they went to Aaseda village to the place of Rabari Raja Jeha with whom Bai Jabu had been married. There, Jabuben was found to be lying in a dead condition at his house which he and the persons accompanying him had seen. Upon asking her in-laws regarding the death of Jabu, they did not give any proper reply. It is alleged that Jabuben had been married since the last fifteen years to Rabari Raja Jora as per the Hindu rites and rituals and she did not have any children. Bai Jabu was approximately thirty two years old and she and her husband were residing separately. Since Jabu did not have any children, her husband Raja Jora, his brother Pira Jora, her father-in-law Jora Bhathi and uncle-in-law Ishwar Madha, all four, time and again used to taunt Jabu that she was not able to bear any children and used to harass her and earlier also, Jabu was beaten up hence, she had returned to her parental home two years prior thereto and the persons from their community had gathered together and advised them and settled the matter and Jabuben was sent to her matrimonial home after which she was residing at her matrimonial home. However, the harassment as well as beating at the hands of her above-referred in-laws continued which news was received by them, however, they had not gone to fetch Jabuben and in the morning at about 10 o'clock Jabuben had expired. It is alleged that on account of the harassment caused to her by the above referred persons, Jabuben jumped into a well and lost her life. Accordingly, it is alleged that the accused have committed the offence referred to hereinabove.
Pursuant to the lodging of the above referred first information report, investigation came to be carried out and charge-sheet came to be submitted in the court of the learned Judicial Magistrate First Class, Deesa who committed the same to the Court of Sessions, Banaskantha, Palanpur where the same came to be registered as Sessions Case No.140/1995.

(3.)DURING the course of trial, the prosecution examined, in all, nine witnesses and produced certain documentary evidence on record. The learned Additional Sessions Judge, after appreciating the evidence on record, found that the prosecution had not established the charges levelled against the accused beyond reasonable doubt and acquitted them.


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