STATE OF GUJARAT Vs. DILIP NANDKISHOR DHOBI

JUDGEMENT

(1.) These three appeals arise out of the same judgment and order dated 27-3-1998 passed by the learned 5th Additional Sessions Judge, Vadodara, in Sessions Case No.163 of 1997 whereby the original accused No.1 was convicted and sentenced to undergo RI for seven years with fine of Rs.2,000/-, in default, to suffer further SI for three months for the offence punishable under section 304 Part-I of Indian Penal Code (hereinafter referred to as "IPC" for short) and RI for six months with fine of Rs.500/-, in default, to suffer further SI for one month for the offence punishable under section 201 of IPC. Original accused Nos.2 and 3 were acquitted of all the offences charged against them. Criminal Appeal No.10 of 1999 has been filed by the State for enhancement of sentence, Criminal Appeal No.11 of 1999 has been filed by the State against acquittal of accused under section 302 of IPC while Criminal Appeal No.432 of 1998 has been filed by the original accused No.1 against his conviction for the offence punishable under Section 304 Part-I of IPC.

(2.) Short facts of the prosecution case are that a complaint was lodged by the complainant Nanabhai Ramjibhai Singhal, father of the deceased with Karelibaug Police Station, Vadodara, for the offences punishable under sections 302 read with section 34 of IPC alleging inter alia that the deceased, wife of accused No.1 and daughter-in-law of accused Nos.2 and 3 were abusing and giving mental and physical torture to the deceased regarding household work and therefore, the deceased and her husband were living separately on the first floor of the house where accused Nos.2 and 3 were staying. As accused No.1 was not earning anything, mental torture continued and therefore, the deceased started to earn by doing ironing work and thereafter accused were demanding and pressuring the deceased to pay Rs.500/- towards rent. On the day of Bhaibij (second day of New Year) on 13-11-1996, the deceased was desirous to go to her parents' house at Ahmedabad and as it was denied by the accused, there was some quarrel between the accused and the deceased and therefore, the accused in collusion with each other with a view to kill her at about 7.45 p.m. in House No.41 situated at Manav Jivan Society, Harani, Vadodara, came with iron wire and strangulated her. With a view to destroy the evidence of crime, the accused took her to the hospital giving the history at the hospital that she had fallen from the staircase and became unconscious. Upon filing of the complaint, the police started investigation and at the end of investigation, charge sheet was filed before the Court of learned Judicial Magistrate First Class, Vadodara.

(3.) Heard learned APP, Mr.L.R.Pujari for the State and learned advocate, Mr.B.S.Patel for the original accused.