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Thursday, November 19, 1998

Gujarat woman gets life term for bride-burning

EXPRESS NEWS SERVICE  
AHMEDABAD, Nov 18: In a significant judgment, Gujarat High Court on Tuesday set aside a Lower Court order acquitting a woman charged with burning her 22-year-old daughter-in-law, Kailash, to death and sentenced her to life imprisonment.

Kailash's husband Girish Valand, brother-in-law Ramesh Valand and sister-in-law Rita Valand were sentenced to a month's simple imprisonment and ordered to pay a fine of Rs 500 each. The order was passed by a division of Justice S M Soni and Justice M C Patel.

According to the prosecution, Kailash, who lived with her in-laws at their house in Sector 5 of Nirnaynagar area here, was often harassed for dowry and subjected to mental and physical torture. On the fateful day of December 6, 1986, a distressed Kailash poured kerosene on herself, and soon her mother-in-law, Hiraben, ignited her with a match-stick.

After she was admitted to the V S Municipal General Hospital, a police sub-inspector went to the hospital and took Kailash's dying declaration in presence of Dr VasantVania. At 2.00 pm the same day, a second dying declaration was taken down by an executive magistrate. In both declaration, the dying woman stated that her mother-in-law, husband, brother-in-law and sister-in-law were responsible for her injury. The four were charged with murder, abetment and destroying evidence.

However, the Lower Court acquitted all four on the ground that guilt was not established beyond reasonable doubt. Also, Dr Vania, who had stated that the victim was fully conscious at the time of taking her declaration, was not examined as a witness. However, the acquittal order was challenged in the High Court.

During the final hearing, government pleader Prashant Desai sought permission to examine Dr Vania, who then stated that the woman was fully conscious while giving her declaration. Desai submitted that once a declaration was taken it cannot be rejected as evidence. When Hiraben was sentenced to life-imprisonment, she raised a ruckus and had to be led out of the court-room.

Copyright ©1998 Indian Express Newspapers (Bombay) Ltd.


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