STATE OF GUJARAT Vs. RAFIQMIYA SAMSUMIYA MALEK

JUDGEMENT

(1.) THE appellant-State of Gujarat has preferred this Appeal under Section 377 of the Code of Criminal Procedure, 1973 for enhancement of sentence passed by the learned Additional Sessions Judge, Nadiad dated 09th October 1998 passed in Sessions Case No.54 of 1996, whereby the learned Judge has convicted the respondent-original accused for the offence punishable under Section 498-A and 306 of the Indian Penal Code.

(2.) IT is the case of the original complainant that his sister get married with the respondent-original accused about four years back. Her marriage was performed as per the customs prevailing in their caste. IT is also the case of the complainant that about one or two years she was happily reside with her husband. Thereafter, as the brother-in-law of the present complainant was not working and often asked her wife to bring money from her parental house. IT is also the case of the complainant that so as to see the marriage life of her sister, by giving understanding, they sent her to her matrimonial home. IT is the case of the complainant that utensils given to her sister at the time of marriage were sold by his brother-in-law often asked her wife to bring money. IT is also the case of the complainant that as per the say of her sister, her husband beaten oftentimes. IT is the case of the complainant that at 07:30 p.m. on the day on which complaint was filed, one person came and told that Imtiyazbanu, i.e. sister of the complainant, received burn injuries and was hospitalised at Kheda Civil Hospital. Therefore, the complainant along with his relatives went to Kheda Civil Hospital. At that time, her sister was died and her dead body was lying in the P.M. Room. She had received burn injuries all over the body. Therefore, a complaint to the effect that because of mental and physical torture advanced by her husband, she committed suicide, was filed with Matar Police Station.

(3.) THEREAFTER trial was conducted before the learned Additional Sessions Judge, Nadiad. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence in support of the case. After hearing both the sides, the learned Additional Sessions Judge, Nadiad, by his judgment and order dated 09th October 1998 was pleased to convict the respondent-accused under Sections 498-A of the Indian Penal Code and ordered to undergo rigorous imprisonment for a period of two years and also awarded fine amount of Rs.05,000/-, and in default of payment of fine, ordered to undergo rigorous imprisonment for a further period of three months. The learned Judge has also convicted the respondent-original accused under Section 306 of the Indian Penal Code and ordered to undergo rigorous imprisonment for a period of three years and also awarded fine of Rs.10,000/-, and in default of payment of fine, ordered to undergo rigorous imprisonment for a further period of six months. However, it is clarified that both the sentences shall run concurrently.