HARPALSINH PRAVINSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Harpalsinh Pravinsinh Zala and Jamba Pravinsinh Zala, the husband and mother-in-law of the deceased Pavanba have filed Criminal Appeal No.465 of 1996 challenging the judgment and order dated 10.5.1996 passed by the learned Addl. Sessions Judge, Surendranagar in Sessions Case No. 44 of 1994 convicting them for the offence punishable under Section 302 read with Section 34 of IPC and sentencing them to suffer Rigorous Imprisonment for life and to pay a fine of Rs.10,000.00, in default to suffer Simple Imprisonment of three months. It may be stated that the learned Judge acquitted both the accused by giving benefit of doubt for the offences punishable under Sections 498-A and 304(B) read with Section 34 and/or 114 of IPC. The learned trial Judge also acquitted Pravinsinh C. Zala, accused No.2 father-in-law of the deceased for the offences punishable under Section 302, 498-A, 304(B) read with Section 34 and/or Section 114 of IPC. The State of Gujarat has filed Criminal Appeal No. 517 of 1996 challenging the said order of acquittal of the accused for the offences punishable under Sections 498-A, and 304(B) of IPC so far as accused Nos.1 and 3 are concerned and the order of acquittal passed for the offences punishable under Sections 302, 498-A and 304(B) of IPC so far as accused No.2 is concerned.

(2.) Since both these appeals arise out the order dated 10.5.1996 passed in one Sessions Case, they are being heard together and disposed of by this common judgment.

(3.) The prosecution case, in nutshell, can be stated as under: