PARSHOTTAMBHAI BHIMAJI GANDHI 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 29.1.2004 passed by the learned Additional Sessions Judge, Fast Track Court No.6, Ahmedabad (Rural), Ahmedabad in Sessions Case No.40 of 2003, whereby the learned Sessions Judge has convicted the appellant under Section 498(A) of the Indian Penal Code and awarded sentence to undergo R.I. of two years and to pay a fine of Rs.1,000/-, in default, to undergo further S.I. for one month. For the offence punishable under Section 306 of the Indian Penal Code, the appellant was ordered to undergo R.I. for seven years and fine of Rs.1000/-, in default, to undergo further S.I. for one month. THE brief facts of the prosecution case are as under:

(2.) THE allegations levelled against the accused are that the sister of the complainant was married with accused and the accused has three children out of wedlock with the sister of the complainant. THE accused caused mental and physical harassment to the sister of the complainant and the accused had beaten the sister of the complainant named Indiraben and also compelled her to go out of the house by giving threats. THErefore, as a last resort, the said Indiraben and daughter Shital committed suicide and they died. THErefore, the complaint was lodged against the accused for the offences punishable under Sections 498(A), 306, 114 of the Indian Penal Code, with the Vejalpur Police Station being I C.R. No.199 of 2002.

(3.) TO prove the case against the appellant, the prosecution has produced documentary evidence and also examined total 10 witnesses before the trial Court and the defence side also produced documentary evidence.