JAYANTIBHAI GALAJI SIMBALIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of conviction and sentence dated 24th August, 2001 passed by the learned Additional Sessions Judge, Sabarkantha, Himmatnagar, in Sessions Case No.87 of 1998, whereby the learned Additional Session Judge was pleased to convict the appellant for the offence punishable under Section 306 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of seven years, and also imposed fine of Rs.1,500/-, and in default of payment of fine; sentenced to undergo imprisonment for a further period of six months. THE appellant was also convicted for the offence punishable under Section 498-A of the Indian Penal Code and and sentenced to undergo rigorous imprisonment for a period of two years with fine of Rs.1000/-, and in default of payment of fine, sentenced to undergo imprisonment for a further period of three months. However, it was clarified that both the sentences shall run concurrently.

(2.) AS per the case of the prosecution, the deceased got married with the appellant prior to four months from the date of incident. It is the case of the prosecution that appellant was keeping illicit relationship with other lady and though the appellant was asked by the deceased-wife not to keep illicit relation with other land, the appellant had kept illicit relation with other lady and thereby the appellant mentally harassed the deceased-wife. It is also the case of the prosecution that the appellant often beat the deceased-wife. It is also the case of the prosecution that the appellant was not doing any work and time and again pressurised the deceased-wife to bring money from her parental home. It is further the case of the prosecution that the appellant instigated the deceased-wife to commit suicide. Therefore, a complaint to the said effect came to be registered with Vijaynagar Police Station.

(3.) BEING aggrieved by and dissatisfied with the impugned judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Sabarkantha, Himmatnagar, the appellant has preferred the present appeal.