DEVRAJBHAI KHIMABHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal arises out of judgment and order rendered by learned Additional Sessions Judge, 5th Fast Track Court, Veraval on 09.12.2002 in Sessions Case No.179 of 1999, convicting the appellant-accused under Sections 306 and 498-A of the Indian Penal Code, 1860 ('IPC' for short) and sentencing him to suffer rigorous imprisonment (R.I.) for four years and to pay a fine of Rs.3,000/-, in default to further undergo R.I. for three months for the offence punishable under Section 306 of the IPC and to suffer R.I. for one year and six months and to pay a fine of Rs.1,000/-, in default to further undergo R.I. for one and half months for the offence punishable under Section 498-A of the IPC. The sentences of imprisonment were directed to run concurrently. The benefit of set-off was given. Original accused Nos.2 to 5 were acquitted by the trial Court from all the above charges.

(2.) The case of the prosecution is that the appellant-accused ordinarily resides at Village Bhanduri, Tal. Maliya Hatina, Dist. Junagadh. He married Parvatiben d/o. Bhimabhai Amrabhai Sondarva (the deceased) and was staying at Village Bhanduri. Out of their wedlock they had a daughter aged 8 months named-Hetal. That the appellant-accused and his family members used abusive and filthy language and used to beat the deceased and thereby meted out physical and mental cruelty on the deceased. That on 08.04.1995 at about 9:00 a.m. the deceased locked herself and her daughter-Hetal aged eight months in her house, poured kerosene on herself and her daughter and ignited, as a result of which both of them died. That father of the deceased, Bhimabhai Amrabhai Sondarva (PW-3), residing at Village Juthal, was informed by the father of the appellant-accused, Ramabhai Khimabhai Harijan, about the occurrence.

(3.) An F.I.R. came to be lodged by PW-3, father of the deceased and after full-fledged investigation, charge-sheet was submitted before learned Judicial Magistrate, First Class, Maliya Hatina, who in turn, committed the same to the court of Sessions, Junagadh at Veraval as the offences were exclusively triable by the Court of Sessions and the same was registered as Sessions Case No.179 of 1999.