RUPSINGBHAI TERSINGBHAI BHEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . The present Appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment and order dated 30th January, 2003, delivered by Joint District Judge and Additional Sessions Judge, 2nd Fast Track Court, Panchmahal at Dahod, in Sessions Case No. 77 of 2002, by which present appellants are convicted by the learned Trial Judge for the offence punishable under Section 304 Part-II read with Section 34 of the Indian Penal Code, and each of the appellant is sentenced to undergo rigorous imprisonment of five years and to pay fine of Rs. 500/- in default to undergo simple imprisonment for 15 days.

(2.) Incident in question appears to have occurred during night hours of 12th of September, 2001 and early hours of 13th of September, 2001 at village Jasuni, District Godhra. Deceased Mansingbhai Varubhai Palas, aged about 35 years, resided at village Tarkada-mahudi had married to one Jantaben. Jantaben, wife of deceased Mansingbhai, died before three years of the incident on account of delivery of child. From the marriage of Jantaben, Mansingbhai had five children, out of which, two daughters and three were sons. At the relevant time, eldest son Jignesh, aged about 11 years and one son of third number were studying at Limkheda. Youngest daughter was with Kantibhai, brother of the deceased at Degham, while other daughter, named, as Usha aged about 10 years, was staying with the deceased along with youngest son aged about 5 years. On account of death of Jantaben, wife of the deceased, it was decided that the deceased would re-marry Kokilaben, sister of Jantaben and sister-in-law of the deceased. Parents of Kokilaben consented this relationship. On this account, deceased Mansingbhai was frequently visiting village Jasuni where his in-laws were residing. After some time, the idea of marriage of Kokilaben with the deceased was objected by Hakliben, mother of Kokilaben and four brothers of Kokilaben and, therefore, as per the customs prevailing in their caste, though deceased Mansingbhai had paid Rs. 10,000/- to his parents-in-laws, they were not sending Kokilaben to deceased Mansingbhai. On this account, there was some dispute between Mansingbhai and his in-laws, for which civil as well as criminal litigations also took place between the parties.

(3.) All the appellants pleaded not guilty and, therefore, prosecution tendered the following oral as well as documentary evidence, to prove its case against the appellants, as under :