PRATAPBHAI NAVALABHAI BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 23.2.2004 passed by the learned Joint District Judge & Addl. Sessions Judge, Fast Track Court No. 2, Panchmahals, camp at Dahod in Sessions Case No. 350/2002, whereby, the learned Judge has convicted the appellant under sec. 498-A of IPC and sentenced to undergo S/I for 2 years and to pay a fine of Rs. 1000/-,in default, to undergo further S/I for 30 days. The appellant is also convicted under sec. 306 of IPC and sentenced to undergo R/I for a period of seven years and to pay a fine of Rs 1000/- in default, to undergo further S/I for one months, which is impugned in this appeal.

(2.) The brief facts of the prosecution case is as under:

(3.) That, one Tinuben Dineshbhai Bariya, her husband and her mother-in-law are residing together at village Goriya, Ghata faliya of taluka Limkheda. Her sister-in-lawm, namely Kailashben's marriage took place before five months with Vikash son of the Pratapbhai Navalbhai Bariya as per the customs of their caste. Thereafter, her sister-in-law used to come off and off at her parental house. After the marriage, Kailashben came to the house of complainant and at that time she was under depression. So complainant asked but she did not reply satisfactorily. That on 11.8.2002 or before about a month, it is the case of the prosecution that the appellant had tried to have an illicit relation with deceased, and when she refused, she was given mental as well as physical torture and, therefore, she committed suicide.