MAHESHBHAI BHANUBHAI VACHHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The original accused No.1, 3 to 5 have preferred the present appeal under Section 374 of the Criminal Procedure Code, 1973 against the judgment and order of conviction and sentence dated 01.10.2005 rendered by the learned Presiding Officer, 7th Fast Track Court, Rajkot (hereinafter be referred to as "the Trial Court") in Sessions Case No.38 of 2001.

(2.) Brief facts of the prosecution case are that the first informant Valjibhai Gordhanbhai, who happened to be the father of deceased Dipaben, has alleged that the marriage of his daughter took place with Maheshbhai Bhanubhai Vachhani on 25.01.1998 and since then, his daughter was staying at Village: Paneli along with other family members in joint family. It is also alleged that she stayed for about 6 to 8 months and, thereafter, the appellants No.1, 3 and 4 and deceased started staying at Rajkot. Whereas, the accused No.2 was staying at Village : Moti Paneli with her husband. It also reveals from the FIR that since last three months, prior to the death of the deceased, the harassment was started with regard to the household work. It is alleged that the present accused were harassing the deceased and, therefore, on 22.01.2000 at about 10.00 p.m., she contacted her father Valjibhai on phone and stated that the appellants were threatening her to kill. It is alleged that Valjibhai told her to come at parental home, whereupon on the following day, in the morning, deceased left her matrimonial home and went to her parental home and since then, she was staying at her parental home till 27.02.2000 i.e. the date of incident.

(3.) The charge against all the accused came to be framed by the Trial Court, vide Exhibit 1 for the aforesaid offence. The accused pleaded not guilty to the charge and pleaded for trial.