BAROT DINESHKUMAR KANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal through jail under Section 389(1) of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 10.4.2006 passed by the learned District Sessions Judge, Mehsana in Sessions Case No. 203 of 2005, whereby the learned Sessions Judge has convicted and sentenced the appellant to undergo R.I. for seven years with a fine of Rs. 5,000/ -, in default, six months more R.I. for the offence punishable under Section 306 of the Indian Penal Code. For the offence punishable under Section 506(2) of the Indian Penal Code, learned Sessions Judge was pleased to sentence the appellant to undergo R.I. for one year and to pay a fine of Rs. 500/ -, in default, to undergo further R.I. for one month.

(2.) AS per the case of the prosecution, one Madhuben, wife of Natubhai Chandubhai Oza, resident of Bechraji lodged a complaint before Becharaji Police Station alleging that the complainant lady on telephone message was told by the appellant accused to keep illicit relationship with him, and if having not done so, the appellant accused threatened the lady to murder her husband. The appellant caused mental torture to the complainant lady and therefore, complainant lady committed suicide by setting ablazed her by stove of kerosene. Therefore, the complaint being C.R.I. NO. 27 of 2001 was lodged before Becharaji Police Station for the offences punishable under Sections 306, 517 and 506 of the Indian Penal Code against the appellant.

(3.) THEREAFTER , statements of the witnesses were recorded, panchnama was drawn and accused was arrested. There was sufficient evidence against the appellant, charge -sheet was filed before the learned Chief Judicial Magistrate First Class, Bechraji. Thereafter, as the case was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions, which was numbered as Sessions Case No. 203 of 2005.