STATE OF GUJARAT Vs. SULTANBHAI I BISORAVALA

JUDGEMENT

(1.) SINCE , both the appeals arise out of the same order, they are heard together and disposed off by this common judgment.

(2.) CRIMINAL Appeal No. 973 of 1994 is preferred by the appellant -State, challenging the order of the learned Addl. City Sessions Judge, Bhadra at Ahmedabad(for short, 'the trial Court'), Dated : 27.07.1994, Sessions Case No.169 of 1991, whereby, the trial Court convicted the original accused -Respondent, herein, for the offence under Section 498(A) of the IPC and sentenced him to undergo rigorous imprisonment for one year and to pay fine of Rs.500/ - and in default to suffer rigorous imprisonment for 15 days, whereas, the appellant -State has preferred the Criminal Appeal No. 974 of 1994, challenging the very same order of the trial Court, recording the acquittal of the accused qua offence under Section 306 of the IPC.

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the marriage of the deceased, Sufiabibi, with the accused took place on 05.04.1981. After the marriage, the deceased went to reside with the accused and his family members in Jamalpura area of Ahmedabad. Out of the said wedlock, the deceased gave birth to a female child namely Farjana, who was about 21/2 years of age, at the relevant point of time. The deceased used to frequently complaint to her uncle, who is the original complainant, about the conduct of the accused. The deceased used to complaint that the accused used to doubt her character and used to beat her, frequently. It appears that the deceased was beaten and driven out of the house by the accused in the year 1985, and therefore, she had to stay at the house of the complainant for about one month. However, since, the accused was quarreling with the complaint about the same, the deceased was taken to her parental home at Dasada. However, the accused went to Dasada and brought the deceased back. Then, about three months prior to the alleged incident, again the deceased was driven out of the house by the accused. But, the accused again brought her back. About 15 days prior to the alleged incident, since, there was marriage in the family of the complainant, the deceased went to his house. At that time, the deceased informed the complainant that the accused was still beating her and that she was not even provided food. Then, on 20.03.1990, the complainant came to know that the deceased had set herself ablaze, at the house of the accused. He, therefore, lodged the complaint in question. On registration of the offence, police carried out investigation into the matter and on finding sufficient evidence, lodged charge -sheet against him. At the time of trial, since, the accused did not plead guilty, the case was committed for trial.