RAJESHKUMAR NANSINH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant original accused has filed this Appeal under Section 374(2) Cr.P.C., against the Judgment and order of conviction and sentence dated 29.12.2007 passed by the learned Additional Sessions Judge, Fast Track Court No.1, Panchmahals at Godhra, in Sessions Case No. 52 of 2007, whereby the learned Additional Sessions Judge has held the appellant (Ori. accused No.1) guilty (i) for the offence punishable under Section 498(A) of I.P. Code and sentenced him to suffer Rigorous Imprisonment for 2 (two) years and to pay a fine of Rs. 1000/- i/d to further undergo SI for one months, and (ii) for the offence under Section 306 of I.P. Code and sentenced him to suffer RI for 6 (six) years and to pay a fine of Rs.3000/- i/d to further undergo SI for three month.

(2.) The brief facts of the case of prosecution are that on 20.05.2002 the marriage of daughter, namely, Shilpa (deceased) of the complainant took place. It is alleged that after marriage for two years the marriage life of deceased Shilpa was running smoothly. It is alleged by the complainant that deceased Shilpa was living with her husband in joint family. It is alleged that after a long period of marriage Shilpa had no child and, therefore, her mother in law and other family members were taunting and harassing her on various aspects. It is also alleged that husband of Shilpa was also quarreling with her in an intoxicated state. It is also alleged that husband of Shilpa was also demanding for motor bike. It is alleged that on 9.11.2008 at 10.00 O'clock in the morning Shilpa came to her mother and complained that her husband had severally beaten her and driven her out. Therefore, the complainant with the help of relatives has tried to pacify her and sent back to her in-laws house. It is alleged that on 10.11.2006 the complainant received call from one Anopsinh that Shilpa has committed suicide by strangulating herself. Therefore, she lodged complaint against the appellant and others.

(3.) Necessary investigation was carried out by the Police. Offence was registered against the accused. The statements of the complainant and other witnesses were recorded. Thereafter, after completion of investigation, the charge-sheet against the accused came to be submitted before the Court. As the offences were triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. The learned Additional Sessions Judge framed the charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.