VIKRAMSINH JUJARSINH VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by the learned Additional Sessions Court, Sabarkantha at Himatnagar in Sessions Case No. 23 of 1994 dated 9-5-1997 recording acquittal of accused Nos. 1 to 5 for the offence under Sees. 302 and 304B of Indian Penal Code. However, the learned Additional Sessions Judge has recorded conviction of the accused Nos. 1, 2 and 4 for the offence under Secs. 498A and 306 I.P.C. and also imposed sentences as stated in detail in the impugned order.

(2.) The facts of the case briefly summarized are as follows :

(3.) It is the case of the prosecution that the daughter of the complainant-uncle has been married to accused No. 1-Vikramsinh Jujarsinh Vaghela ("Al"), and after one year, she was ill-treated, and the demand for money and dowry was made, for which A-l had also written some letters. It is also alleged that the complainant would give some money and after arriving at some understanding, he would try to save the matrimonial life of the deceased daughter. It is also stated that on 6-3-1993, the deceased had come to her parental house, and when the complainant went to his brother's house, the deceased started weeping stating that a demand for buffalo has been made by the accused persons, and therefore, she has stated that they may send the buffalo and also Rs. 10,000/- within 2-3 days. Thereupon, the complainant-uncle is said to have explained her that they would send the buffalo within 2-4 days and also Rs. 10,000/-. Thereafter, the complainant-uncle and others gone to drop her at her matrimonial house and also inforaied her in-laws that the buffalo would be send within 2-4 days. It is also stated that A-l had demanded Rs. 10,000/- stating that he does not have buffalo, but he had promised to give within 2-4 days. After about 4 days, the message came that the deceased has burnt at village Ambaigada and this information was received on the basis of the telephone received at the house of one Karansinh. The message was received by the wife of Karansinh-Dasuba, who in turn informed the parents and the complainant. On the basis of this, the complaint was registered for the alleged offences under Sees. 302, 304B, 498A and 306 read with Sec. 114 of I.P.C.