JAGDISH HARIDAS KAKKAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Criminal Appeal No.1380 of 2008 is preferred by accused No.4 Jagdish under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as " the Code " for the sake of brevity) being aggrieved and dissatisfied by the judgment and order dated 27.2.2008 passed by learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Porbandar in Sessions Case No.13 of 2007 convicting him for having committed the offence punishable under Section 498-A and sentenced him to undergo 3 years rigorous imprisonment and to pay fine of Rs.10,000/-, in default, to undergo rigorous imprisonment for further six months and also for convicting him for having committed the offence punishable under Section 306 of Indian Penal Code and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.25,000/-, in default, to undergo rigorous imprisonment for further period of one year . Learned Judge further directed to place Rs.30,000/- in a fixed deposit out of the aforesaid total fine of Rs.35,000/- in the name of minor Sanidhya Jagdishbhai Kakkad. Learned Judge was, however, pleased to acquit the appellant - accused No.4 for the offence punishable under Section 114 of IPC as well as Sections 3, 4 and 5 of the Dowry Prohibition Act.

(2.) In brief, it is the case of the prosecution that accused Nos.1 to 3 are elder brothers-in-law of deceased Chandrika, accused No.4 Jagdish is the husband of the deceased, accused No.5 is the mother-in-law of deceased and accused Nos.6 and 7 are elder sisters-in-law of the deceased. It is alleged that as the financial condition of all these accused was not sound, deceased Chandrika was pressurized to bring money from her parental home and thereby the deceased was extended mental and physical harassment. As a result thereof, when the harassment became intolerable, she committed suicide by strangulating herself at the house of the accused situated at Gaekwadi on 10.3.2007 at 14.10 hours or before that. Accordingly, a complaint was lodged for the offence punishable under Sections 3, 4 and 5 of the Dowry Prohibition Act and Sections 306, 498-A and 114 of Indian Penal Code.

(3.) An investigation was carried out in the case and the accused were arrested. The Investigating Officer, having found sufficient material, filed a charge sheet for the offences punishable under Sections 306, 498-A and 114 of Indian Penal Code and Sections 3, 4 and 5 of the Dowry Prohibition Act in the court of Judicial Magistrate, First Class against all the accused. As the case was exclusively triable by the Sessions Court, learned Magistrate committed the case to the Sessions Court, Porbandar.