KIRITBHAI @ KALUBHAI BHUDARBHAI MEHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE accused - appellant was inter alia sentenced to undergo life imprisonment and was ordered to pay fine of Rs. 2000/ - in default rigorous imprisonment for six months for offence punishable under section 302 of Indian Penal Code and rigorous imprisonment for two years and fine of Rs. 1000/ - in default rigorous imprisonment for two months for offence punishable under section 498(A) of Indian Penal Code and rigorous imprisonment for one year and fine of Rs. 500/ -, in default, rigorous imprisonment for one month for offence punishable under section 201 of Indian Penal Code by impugned judgement and order dated 21.07.2007 in Sessions Case No. 206 of 2006 by the Additional Sessions Judge, Fifth Fast Track Court, Anand. The accused was given benefit of set off and all the sentences were ordered to run concurrently.

(2.) THE accused is the husband of the deceased - Kokila. As per the prosecution case, the deceased was meted out with physical and mental torture by the accused as he wanted the gold chain which was given to her sister - Kapila by the accused 's cousin and which was promised to be returned as a part of divorce agreement between said Kapila and her husband - Somabhai. It is the case of the prosecution that the appellant used to torture the deceased to ask her parents to return the gold chain to Somabhai. It is the case of the

(3.) MR . EE Saiyed, learned advocate appearing for the appellant strongly contended that this is a case where the trial court has wrongly convicted the accused when there are serious lapses in the prosecution case. He submitted that the son of the deceased - Yogesh who is a crucial witness has not been examined by the prosecution though he was present at the scene of offence which is also proved by the evidence of P.W. 11 - Vikrambhai Bhoi who has also been declared hostile. He submitted that the daughter of the deceased though has not been declared hostile has not supported the case of the prosecution and that she has stated that she had not seen her father giving blow to her mother or setting her ablaze.