NASIMBHAI HAJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant has inter alia challenged the judgment and order of conviction and sentence dated 11th June 1999 passed by the learned Additional City Sessions Judge, Court No.15, Ahmedabad, in Sessions Case No.113 of 1996, whereby the appellant has been held guilty for the offences punishable under Section 498(A) of the Indian Penal Code.

(2.) IT is the case of the prosecution that the deceased, her husband and the appellant were residing together under one roof. IT is the case of the prosecution that the appellant-accused and mother-in-law of the deceased ill-treated the deceased and also harassed the deceased. Thereby the deceased was compelled to leave her matrimonial home and also filed an application for maintenance. IT is the case of the prosecution that thereafter settlement arrived at between the appellant-accused and the deceased and again they started living together. IT is further the case of the prosecution that the accused did not stop harassment, ill-treatment and meting out cruelty to the deceased, who inspite of being pregnant, was subjected to such ill-treatment and cruelty that she was compelled to go with her mother. IT is the case of the prosecution that the appellant-accused did not bother to come to meet the deceased after she had given birth to a child and it is the case of the prosecution that, on account of such ill-treatment and failure on the part of the appellant-accused in providing maintenance to the deceased during her pregnancy and after giving birth to a child, the deceased was not in a suitable mental framework and used to live in constant worry and tension with regard to her future. IT is the case of the prosecution that on account of her being subjected to such cruelty, the deceased could not withstand the strain of such mental tension and therefore, the deceased was constrained to pour Kerosene on herself and set herself at fire.

(3.) AFTER filing of closing pursis by the prosecution, statement under Section 313 of the Code of Criminal Procedure, 1973 of the appellant-accused was recorded. The appellant has denied the case of the prosecution and claimed to be tried.