BHAVUSING ISHWARSINGH WAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellants ­ original accused have filed this Appeal under Section 374 of Cr. P.C. against the Judgment and order of conviction and sentence dated 04.09.2001 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur, in Sessions Case No. 8 of 2001, whereby the learned Additional Sessions Judge has held the appellants ­ accused guilty of the offence punishable under Section 498(A) read with Section 114 of I.P. Code and they have been awarded sentence to suffer Simple Imprisonment of 3 (three) years and to pay a fine of Rs.

(2.) ,000/- each i/d to undergo SI for 3 (three) months, However, the learned Judge has acquitted the accused from the offence under Section 306 of I.P Code. . 2. The brief facts of the case of the prosecution are that on 17.10.2000 in the mid-night at 1.00 O'clock the complainant, who is elder brother of victim Suryaba, has filed complaint before the Palanpur Taluka Police Station, alleging that the marriage of the victim was solemnized before about 1-1/2 years with Dashrathbhai, son of accused No.1 & 2 and brother of accused No.3. It is alleged that after marriage all the accused were physically and mentally harassing the victim and also demanding the dowry. It is alleged that due to the said mental and physical cruelty the victim has committed suicide. The complainant came to know about the said fact 8.00 P.M. on 16.10.2000. Thereafter, the complaint was lodged against the appellants ­ accused. Offence was registered.

(3.) TO prove the case against the accused, the prosecution has examined the witnesses and also relied upon documentary evidence and at the end of trial, after recording the statement of the accused under Section 313 Cr. P.C., and after hearing the arguments on behalf of the prosecution and the defence, the learned Additional Sessions Judge held the appellants (original accused) guilty of the offences under Sections 498(A) read with Section 114 of I.P. Code and awarded the sentence as narrated herein above. The learned Judge has acquitted the accused from the charge of offence under Section 306 of I.P Code. .