BHATENDRA @ RAHUL KASHIPRASHAD SHUKLA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of a common judgment dated 29.1.2010 rendered by the learned Additional Sessions Judge, Surat in Sessions Case No.103 of 2007. By the said judgment, the learned Judge convicted original accused No.1 for offence punishable under section 304B of the Indian Penal Code and sentenced him to rigourous imprisonment for 10 years and awarded fine of Rs.10,000/ -. Accused Nos. 2 and 3 were acquitted. Accused No.1 husband of the deceased has thereupon preferred Criminal Criminal No.547/10. State has filed Criminal Appeal No.710 of 2010 challenging the acquittal of original accused Nos.2 and 3 i.e. father -in -law and mother -in -law respectively of the deceased.

(2.) BRIEFLY stated, the prosecution version is as follows:

(3.) THE prosecution case is that during about three years when she resided with her husband and in -laws, she used to visit her father s house at Allahabad. At the time of the marriage, her father had given Rs.1 lac to her husband. Initially, marital life of the couple went on smoothly. Sometime thereafter, however, disputes arose between husband and wife particularly with respect to dowry. Husband, father -in -laws and mother in -laws used to beat up Saroj making dowry demands. Previously on their insistence, husband was given Rs.50,000/ - out of which he had purchased a two wheeler. Some more dowry was given thereafter also. The complainant had also sought help of one Shobhnath who had been instrumental in getting the marriage arranged. The complainant had also tried to reason with the husband and other family members but to no avail.