MAHENDRA BHAGIRATH SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CHALLENGE in these appeals is to the judgment and order passed by the learned Addition Sessions Judge, Court No.8, Ahmedabad City, in Sessions Case No. 157/1987 dated 28.09.1988 whereby, original accused No.1 has been convicted for the offences punishable u/s. 498 A and 304 A of the Indian Penal Code and has granted the benefit of probation and original accused Nos. 2 and 3 have been convicted for the offence punishable under section 498 A of the Indian Penal Code.

(2.) CRIMINAL Appeal No. 882 of 1988 has been preferred by the original accused Nos. 2 and 3 against the impugned judgment and order, convicting them for the offence punishable u/s. 498 A of the IPC and have been sentenced to undergo simple imprisonment for a period of three years.

(3.) THE facts in brief are that original accused No.2 was married with deceased Anita before about five years, who is originally resident of a small village in the state of Haryana and was settled in Ahmedabad just before two days prior to the date of incident. Original accused No.1 and 3 is the father in law and mother in law of the deceased Anita. The alleged incident took place on 12.07.1987 at around 16:00 hours. It is the case of the prosecution that in the night of 12.07.1987 the appellants herein picked up a quarrel with Anita on the ground that she had brought insufficient dowry.