MINESHBHAI VIRABHAI KATARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this Appeal under Section 374 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction and sentence dated 14th October 2005 passed by the learned Additional Sessions Judge, Third Fast Track Court, Dahod, in Sessions Case No.440 of 2004, whereby the learned Judge has convicted the appellant-accused under Sections 306 and 498(A) of the Indian Penal Code.

(2.) It is the case of the prosecution that wife of the appellant committed suicide on 19th April 2004 by jumping into the well of one Shri Kalubhai Somabhai. It is further the case of the prosecution that the appellant and other two accused persons, viz. father and mother of the appellant, were torturing Kapilaben, wife of the appellant, and therefore, she committed suicide. Therefore, a complaint to the said effect was registered with Fatehpura Police Station by Shri Kalubhai Somabhai. Thereafter, statements were recorded and and the appellant along with two other accused were charge-sheeted under Sections 306, 498(A) and 114 of the Indian Penal Code, 1860. Statement of the appellant under Section 313 of the Code of Criminal Procedure, 1973 was recorded.

(3.) Thereafter the trial was conducted before the learned Judge. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence.