VENKATESH S IYER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellants have preferred this Appeal under Section 374(2) of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 31.12.1997 passed by the learned Additional Principal Judge, City Sessions Court, Ahmedabad in Sessions Case No.109 of 1993, whereby the learned Sessions Judge has convicted the appellants for the offence punishable under Sections 498(A) and 306 of the Indian Penal Code. THE appellant No.1 was ordered the appellant No.1 to undergo R.I. for two years and to pay a fine of Rs.500/-, in default, to undergo further R.I. for one month for the offence punishable under Section 498(A) of the Indian Penal Code and for the offence punishale under Section 306 of the Indian Penal Code, the appellant No.1 was ordered to undergo R.I. for five years and fine of Rs.500/-, in default, further R.I. for one month. Learned Sessions Judge was also pleased to convict and sentence the appellant No.2 to undergo S.I. for two years and to pay a fine of Rs.500/-, in default, further S.I. for one month for the offence punishable under Section 498(A) of the Indian Penal Code and for the offence punishable under Section 306 of the Indian Penal Code, learned Sessions Judge also ordered the appellant to undergo S.I. for two years and six months and fine of Rs.500/-, in default, to undergo S.I. for one month. THE brief facts of the prosecution case are as under:

(2.) THE case of the prosecution is that the appellant No.1 married with deceased Gaytri on 27.1.1991. THE appellant No.2 is mother-in-law of the said Gaytri. It is alleged that the appellants were causing mental and physical torture to the deceased Gaytri and also they had beaten the deceased for the want of dowry. THErefore, on 19.6.1992, at about 8:30 hrs., the deceased consumed position due such harassment of the appellants and she died. THErefore, complaint being C.R. I 447 of 1992 was lodged before Naranpura Police Station for the offence punishable under Sections 498(A), 306, 304(B) and 114 of the Indian Penal Code against the accused persons.

(3.) TO prove the case against the appellants, the prosecution has produced documentary evidence and also examined in all 9 witnesses before the Sessions Court.