STATE OF GUJARAT Vs. DILIPBHAI DHULABHAI PARMAR

JUDGEMENT

(1.) Present group of Appeals is preferred by the State under Sec. 377 of the Code of Criminal Procedure, 1973 against the judgment and order of conviction under Sec. -498A of the Indian Penal Code for the purpose of enhancement and under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal of the respondents-accused for the offence under Sec. -306 of the Indian Penal Code and the Revision Application filed at the relevant time by the complainant challenging the acquittal of the respondents-accused for offence under Sec. -306 of the Indian Penal Code. Both the Appeals and Revision Application were ordered to be heard together under order dtd. 9/11/2022 by the Coordinate Bench and accordingly, all these matters are taken up for final disposal.

(2.) The State is in Appeal against the judgment and order dated 25- 09-2009 passed by the Additional Sessions Judge and 3rd Fast Track Court, Panchmahal at Godhra in Sessions Case No.33 of 2009. Before the trial Court, five accused persons were tried for offence under Sec. 498A and Sec. -306 of IPC; accused No.1 being husband of the deceased-Minaben, the respondents-accused Nos.2 and 3 being mother-inlaw and father-in-law respectively, while the respondents-accused Nos.4 and 5 being Sister-in-law of the deceased.

(3.) From the impugned judgment and order, all the accused have been acquitted of offence under Sec. -306 of IPC, whereas accused persons have been convicted for offence under Sec. -498A of IPC and respondent-accused No.1 is ordered to undergo for sentence of 9 months of simple imprisonment, whereas the rest of the respondents-accused are ordered to undergo for simple imprisonment of 3 months.