HARIJAN CHAMAR BECHARJIBHAI RAMJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The Appellants were accused in Sessions Case No. 70 of 2000 decided by the Sessions Court, Bhavnagar, on 6-1-2005. They were charged with offences punishable under Section 302 read with Section 114 of the Indian Penal Code ("I.P.C." for short) and Section 498A read with Section 114 of I.P.C, and came to be convicted for the said offences. They were sentenced to imprisonment for life, with a fine of Rs. 500/- each, in default to undergo S.I. for 30 days, for the offence of murder of Hansaben, wife of Appellant No. 1. For the offence punishable under Section 498A I.P.C, they were sentenced to imprisonment for a period of three years with a fine of Rs. 100/- each, in default to undergo imprisonment for 15 days. Both the sentences were ordered to run concurrently and benefit of set-off was given to the Appellants by judgment and order dated 6-1-2005 impugned herein.

(2.) The brief facts of the prosecution case are that Appellant No. 1, Becharbhai, was married to deceased Hansa about 10 years prior to the incident, which occurred on 22-1-2000. The allegation was that Appellant No. 2, mother of Appellant No. 1 and mother-in-law of deceased Hansaben, used to cause harassment to the deceased on the ground of household work, and Appellant No. 1 used to lend support to her.

(3.) The trial Court framed charges against both the Appellants/accused at Exh. 6 to which they both pleaded not guilty and claimed to be tried.