GHUSABHAI RAISANGBHAI CHORASIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, by special leave, is directed against the judgment of conviction and order of sentence passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No. 444/2005 whereby the Division Bench has affirmed the conviction recorded by the learned Additional Sessions Judge, Jamnagar, who had found the appellants guilty of the offences punishable under Section 498A, 306, 201 and 114 of the Indian Penal Code, 1860 ('IPC' for short) and sentenced Ghusabhai Raisinghbhai Chorasia, appellant no.1 to suffer five years imprisonment, Rakesh Ghusabhai Chorasia, appellant no.2 to suffer rigorous imprisonment for seven years and to pay a fine of Rs.500/- with a default clause and other accused persons, namely, Bakuben W/o Ghusabhai Chorasia and Jasuben @ Gaduben Rakeshbhai, appellant nos. 3 and 4 herein to suffer rigorous imprisonment for three years and to pay fine of Rs.250/- with a default clause under Section 306 IPC. That apart, separate sentences were imposed under Section 498A and 201 with the stipulation that all the sentences would run concurrently. Be it noted, the appellants were tried along with two other accused persons, namely, Sangitaben w/o. Vijaybhai and Vijay Ghusabhai Chorasia who were acquitted by the learned trial Judge. It is also apt to note here that the State had also preferred two criminal appeals, one for enhancement of sentence and the other challenging the acquittal of the other two accused persons and both the appeals were dismissed along with the appeal filed by the appellants in a common judgment.

(2.) The prosecution case, bereft of unnecessary details, is that the marriage between the deceased Biniben and Rakesh was solemnized approximately eight years before the date of occurrence, i.e. 4.3.2004.

(3.) As the case of the prosecution further gets uncurtained, the dead body was cremated without informing the parents of the deceased and the factum of the death was reported by the father-in-law of the deceased on 14th of March, 2004 and eventually the mother of the deceased came to know about the death on 17th of March, 2004 and thereafter reported at the Police Station in Jamnagar. After the criminal law was set in motion, the investigating agency proceeded with the investigation and recorded the statements of 25 witnesses and eventually placed the charge- sheet under Sections 498A, 306 and Section 201 read with Section 114 of the Indian Penal Code, before the competent court. After the charge- sheet was filed, the learned Magistrate committed the matter to the Court of Session.