SHANTABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellants have preferred this Appeal under Section 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 5.7.1997 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur in Sessions Case No.92 of 1993, whereby the learned Sessions Judge has convicted the appellants under Sections 498(A) of the Indian Penal Code and sentenced the appellants. Learned Sessions Judge was pleased to order the appellant No.1 to undergo S.I. for three months and fine of Rs.500/-, in default, to undergo S.I. further for one month. THE appellant No.2 was ordered to undergo R.I. for one year and fine of Rs.200/-, in default, to undergo further S.I. for two months. THE brief facts of the prosecution case is as under:

(2.) THE allegations levelled against the accused are that the marriage of the daughter of the complainant took place with accused No.2 appellant No.2 before three years from the date of incident and the appellant No.1 is mother of the appellant No.2. THE appellants accused caused physical and mental harassment to the daughter of the complainant and, therefore, as a last resort, on 22.1.1993 at about 5:30 Hrs. the daughter committed suicide by putting herself over the railway track and died. THErefore, the complaint was lodged against the accused for the offence punishable under Sections 306 and 114 of the Indian Penal Code.

(3.) TO prove the case against the appellants, the prosecution has produced documentary evidence and also examined the 11 witnesses before the trial Court.