Gujarat: 9 men get 10 years in jail for driving Bhavnagar builder to suicide

The suicide note of the victim was the clinching evidence. He had narrated everything in it as to how the accused had taken possession of him home and how they had been threatening to kidnap his wife.

THE DISTRICT and Sessions Court of Bhavnagar on Friday sentenced nine persons, including four brothers, to rigorous imprisonment for 10 years after finding them guilty of driving a builder and his family to suicide 17 years ago over recovery of money. However, one accused was let off due to want of evidence.

The court of additional sessions judge Ambalal Patel had found nine of the 14 accused guilty under IPC Sections 306 (abetment of suicide), 107 (abetting a crime) and 114 (presence of abbetor present when crime is committed) on Thursday. Pronouncing the quantum of punishment on Friday, the court sentenced the nine to rigorous imprisonment for 10 years and Rs25,000 fine each. In case they fail to pay the fine, the court ordered, the convict will serve additional six months in jail.

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The condemned men were identified as Prakash Shah, Hardevsinh Gohil, Kalu Rathod and his three brothers Mala, Jesing and Bharat; Digvijaysinh Jadeja, Bharatsinh Gohil and Digvijaysinh Gohil. Barring Bharatsinh, who is a resident of Vavdi village in Ghogha taluka of Bhavnagar, the rest are residing in Bhavnagar. However, the court acquitted Sahdevsinh Jadeja for lack of evidence. Another three accused—Mahavirsinh Gohil, Nandalal Shah and Bhagwan Bharwad had died during pendency of trial.

The thirteen were booked for driving Niemsh Shah, a builder of Bhavnagar and his family to suicide by harassing them over recovery of money that the victim had borrowed from Bharatsinh. Nimesh, his wife Hima and their two minor daughters Riddhi and Khyati consumed poison in a hotel in Sihor town of Bhavnagar on December 23 and consumed poison. Before consuming poison, Nimesh wrote a 10-page suicide note and posted it to the then SP of Bhavnagar from Sihor.

Special public prosecutor RK Joshi said that Nimesh, who was in in his thirties, had borrowed around Rs10 lakh from Bharatsinh. The victim repaid Rs20 lakh to the lender. But the latter claimed that the principal was still outstanding. The accused took possession of his home and even threatened to kidnap his wife if he did not pay him further.

“The suicide note of the victim was the clinching evidence. He had narrated everything in it as to how the accused had taken possession of him home and how they had been threatening to kidnap his wife if their money was not returned. The court granted our plea to treat the suicide note as dying declaration of the victim and pronounced the accused as guilty,” Joshi told The Indian Express.

The prosecutor said that robbed of his house, the victim was forced to live in a government apartment allotted to his brother who is a government servant. The all the accused were out on bail. However, they were taken into custody after they were pronounced guilty.

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