KALPESHBHAI GOVINDBHAI SHRIMALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal under Section 374(2) of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 31.3.2009 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Ahmedabad in Sessions Case No.262 of 2006, whereby the learned Sessions Judge has convicted the appellant under Sections 498(A) and 306 of the Indian Penal Code. THE appellant was ordered to undergo R.I. of two years and to pay a fine of Rs.1,000/-, in default, to undergo further S.I. for three months for the offence punishable under Section 498(A) of the Indian Penal Code. Learned Sessions was further pleased to order the appellant to undergo R.I. for five years and fine of Rs.2000/-, in default, to undergo further S.I. of six months for the offence punishable under Section 306 of the Indian Penal Code. THE brief facts of the prosecution case are as under:

(2.) THE allegations levelled against the accused are that the marriage was solemnized between deceased complainant Chhayaben and appellant before 10 years and out of wedlock, they are having four children. On 9.10.2005, the deceased complainant lodged complaint against the appellant ? accused that the appellant was having some illicit relation with one lady named Shardaben. THErefore, the quarrel took place between the complainant and appellant. THE complainant committed suicide on 9.10.2005 by pouring kerosene on herself and during the course of medical treatment, she expired on 10.10.2005. THErefore, the complaint was lodged for the offence punishable under Section 498-A and 306 of the Indian Penal Code, against the appellant.

(3.) TO prove the case against the appellant, the prosecution has produced documentary evidence and also examined total 11 witnesses before the trial Court.