ABBASHBHAI KASAMBHAI SANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 10.02.2005 passed by the learned Additional Sessions Judge and Second Fast Track Judge, Dhrangadhra in Sessions Case No. 2 of 2001 (hereinafter be referred to as "the Trial Court"), whereby the learned Additional Sessions Judge has convicted the accused for the offence punishable under Sections 498(A), 306, 323, 504 and 114 of the Indian Penal Code (hereinafter be referred to as "the IPC") and sentenced them to undergo rigorous imprisonment for one year and fine of Rs.1000/- each, in default, to undergo rigorous imprisonment of two months for the offence under Section 498(A) of the IPC and rigorous imprisonment for five years and fine of Rs.1000/- each, in default, to undergo rigorous imprisonment of six months for the offence under Section 306 of the IPC, the appellants - accused have preferred present appeal. The Trial Court has ordered to run sentence concurrently and benefit of set off has also been given to the accused. The accused are acquitted from the charges under Sections 323 and 504 of the IPC.

(2.) Brief facts of the prosecution case are that on 24.12.2000, at about 3.00 in the afternoon, the complainant Mumtazben poured kerosene on herself and committed suicide. According to the prosecution, the deceased has committed suicide due to torture being given by the accused - appellants herein. It is also the case of the prosecution that appellant No.1 is second husband of Mumtazben and appellant No.2 is first wife of appellant No.1. It is alleged that on account of torturing being made, appellant No.1 was not keeping the deceased in good condition and neglected her and due to that she has committed suicide.

(3.) After completion of investigation, the police has filed charge-sheet before the concerned Judicial Magistrate for the alleged offences. Thereafter, as the offence was exclusively triable by the Court of Sessions, the learned Judicial Magistrate has committed the case under Section 209 of the Criminal Procedure Code to the Court of Sessions wherein it was registered as Sessions Case No.2 of 2001.