LILABEN CHANDRAKANTBHAI MOCHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and sentence of conviction passed by the learned Additional Sessions Judge, Court No.8, Ahmedabad in Sessions Case No.233 of 2001 on 4.3.2004, whereby the present Appellants, who are original accused Nos. 1 and 5, are convicted for the offence punishable under Section 498(A) of the Indian Penal Code and sentenced them to undergo Rigorous Imprisonment for 3 years and to pay fine of Rs.7,000/- each and default thereof to undergo Simple Imprisonment for 6 months with the direction that out of the amount of fine, the amount of Rs.20,000/- to be deposited in Fixed Deposit in the name of the daughter of the deceased.

(2.) At the outset, it is pertinent to note that the learned trial Court has convicted 3 persons, out of them the present two accused have filed present Appeal whereas husband of the deceased has not filed any appeal as he has already undergone sentence imposed upon him. It is also pertinent to note that the learned trail Court has acquitted all the accused including the present two accused from the offence punishable under Section 306 of the Indian Penal Code. The decisions of the learned trial Court of acquittal of said accused and the acquittal of other accused under Section 306 of the IPC are not challenged by the State. Thus, factum of acquittal of present two accused and the husband of the deceased from the offence punishable under Section 306 of IPC has become final. Therefore, the present Appeal lies in a narrow compass.

(3.) The brief facts of the prosecution case is that as per the complainant namely Dungarbhai Nanjibhai Parmar his daughter Kantaben Pravinbhai Makwana was married to Pravin@Raju about 10 years prior to the date 26.05.2001 and three children were begotten out of the said wedlock where two were sons and one daughter. It is alleged that Kantaben lived with her in-laws in a joint family consisting of her mother-in-law, husband, brother-in-law and sister-in-law.