(1.) THE present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, id directed against the judgment and order of conviction and sentence dated 08th October, 2001 passed by the learned Additional Sessions Judge, Surat, in Sessions Case No.91 of 1997, whereby the learned Additional Sessions Judge was pleased to convict the present appellant for the offences punishable under Section 307 read with and 114 of the Indian Penal Code and sentenced her to undergo rigorous imprisonment for a period of seven years and acquitted the appellant from the offence punishable under Section 498-A of the Indian Penal Code.
(2.) IT is the case of the prosecution that the complainant was residing with her in-laws. Her marriage was solemnized with the original accused No.1 prior to four years of lodging the complaint. Her husband was working as diamond cutter. As per the case of the complainant, her mother-in-law, wife of brother-in-law (Jethani) and brother-in-law were imposed mental and physical cruelty upon her. IT is also the case of the complainant that she was also beaten many times by her in-laws and they were demanded money. IT is also the case of the complainant that her brother-in-law had specifically told her to bring money as he wanted to open factory and demanded Rs.50,000/-. They were sent the complainant to her parental house and told her told that she would not be allowed to reside in her matrimonial house if she fails to bring money. Therefore, the complainant was residing in her parental house since last one month prior to lodging her complaint. IT is the case of the complainant that her brother told her that husband of the complainant again married, the complainant with her auntie (Mami) went to her matrimonial house, where she came to know that her husband was residing at some other place. Therefore, the complainant with her auntie went at the address where his husband was residing. IT is the case of the complainant that when she went there, her husband asked as to why she came there and by saying this, her husband and her second wife, i.e. present appellant, beat her and thrown her from the terrace and therefore, she received injuries on waist. Therefore, she was admitted in the hospital. Therefore, a complaint to the said effect was lodged in Varachha Police Station.
(3.) IN order to bring home the charges levelled against the accused persons, the prosecution has examined in all 11 witnesses and also produced documentary evidence in support of its case.