BACHUBHAI KHIMJIBHAI DAMOR Vs. STSTE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order passed by the learned Sessions Judge in Sessions Case No. 214/2004, whereby, the original accused no. 1 ( hereinafter referred to as "A-1") has been convicted for the offence under sec. 498-A of IPC and sentence has been imposed for three years R/I with fine of Rs. 1000/- and A-1 has also been convicted for the offence under section 306 of IPC and sentence has been imposed for 10 years R/I with fine of Rs. 5000/-. The learned Sessions Judge has also convicted original accused no. 2 and 3 (hereinafter referred to as "A-2 & A-3") for the offence under section 498-A read with section 114 of IPC and sentence has been imposed for 2 years R/I with fine of Rs. 1000/-, and further, A-2 and A-3 are also convicted for the offence under sec.306 of IPC read with section 114 of IPC and sentence has been imposed for five years R/I with fine of Rs. 5000/-.

(2.) As per the prosecution case, a complaint was filed by PW-2, father of the deceased Sushilaben, stating that his daughter Sushilaben (hereinafter referred to as "deceased") had married with A-1 before three years. His daughter Sushilaben used to complain about the physical as well as mental harassment by A-1. The deceased had also complained that A-1 had illicit relation with the wife of his brother and since the deceased was objecting the same, A-1 was used to abuse her, beat her and was giving cruel treatment. The in-laws, father-in-law of the deceased A-2, wife of the brother of A-1 and mother-in-law A-3 were also beating and abusing the deceased. The deceased was very sentimental lady, and therefore, she was suffering, but there was no improvement in the attitude of A-1, inspite of the same, the deceased pulled on her marriage life. Prior to 15 days of the incident, the deceased under compulsion, left her daughter at village Vagela and went to the place of son of her maternal uncle at Mahedikheda, Rajasthan, when her in-laws and her husband had gone to Godhra for labour work. It was learnt by the complainant that since deceased was missing her daughter, aged 1 years, upon her insistence, she was left there by the son of her maternal uncle Dinesh to her husband's place and on 21.12.2002, the complainant learnt that Sushilaben had expired by hanging. He had a doubt about the incident, and therefore, complaint was filed on 23.12.2002 with Zalod Police Station.

(3.) Police investigated into the complaint and charge-sheet was filed thereafter, and ultimately, the case was committed to the Court of Sessions which was numbered as Sessions Case No. 214/2004.