SHARIFKHAN JARIFKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present conviction Appeal has been filed by the appellants original No.1 of Sessions Case No.174 of 2008, under Section 374 of the Cr. P.C., against the Judgment and order dated 29.12.2010 rendered by the learned 2nd Additional Sessions Judge, Vadodara, in Sessions Case Nos. 174 and 175 of 2008, whereby the appellant -accused No.1 was convicted for the offence punishable under Sections 306 of the Indian Penal Code and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.3,000/ -, in default of payment of fine, further simple imprisonment of 6 months and for the offence punishable under Section 498 -A of IPC and sentenced to undergo 2 years simple imprisonment with fine of Rs.1,000/ -, in default of payment of fine, further simple imprisonment of 3 months and for the offence punishable under Sections 3 of the Dowry Prohibition Act and sentence to undergo 5 years rigorous imprisonment with fine of Rs.15,000/ -, in default of payment of fine, further simple imprisonment of 6 months. Accused Nos.2 to 6 were acquitted from the charges levelled against them by the learned trial Judge and against the said order of acquittal, State has not preferred any appeal.

(2.) ACCORDING to the prosecution case, one sharifkhan Zarifkhan Pathan, resident of 303, Taslim flat, informed to J.P.Road Police Station that his wife Farhatbanu Sharifkhan Pathan closed the door from inside and efforts were made to open the said door. Then, in presence of residents of apartments, the broke the said door and found that his wife strangulating with the fan. Therefore, immediately private doctor was called, who confirmed the death of his wife. Therefore, on 23.10.2007, Accidental Death Inquiry was registered bearing registration No.40 of 2007 under Section -174 of Criminal Procedure Code. Thereafter, on 28.10.2007, mother of the victim -Mehrunisha Sagirkhan Pathan lodged complaint before the J.P.Road Police Station alleging that husband and in -laws of her daughter were giving harassment and cruelty and they also pressurized her for dowry. In the complaint, she further alleged that physical and mental torture was given to her daughter and she was also beaten and in result of the same, she compelled to commit suicide. Therefore, against all the accused, offence was registered and accused Nos.1 to 5 were arrested on 08.11.2007 and produced before the learned Judicial Magistrate, Vadodara. Then investigation was carried out and statements of the witnesses were recorded. Dead body of the victim was sent to the hospital for medical check -up and inquest panchnama was drawn. Post -mortem was carried out. Thereafter, on 29.12.20007, charge -sheet was filed against accused Nos.1 to 5 for the alleged offences punishable under Sections -306, 498A and 114 of IPC read with Sections -3 and 5 of the Dowry Prohibition Act. In the charge -sheet, in column No.2, Zubedabibi Zarifkhan Pathan was shown as absconder and on 19.02.2008, she was arrested and separate charge -sheet was filed against her for the offences punishable under Sections 306, 498A and 114 of IPC read with Sections -3 and 5 of the Dowry Prohibition Act. As the said cases were exclusively triable by the Court of Sessions, learned Chief Judicial Magistrate, Vadodara, committed the cases to learned 2nd Additional Sessions Judge, Vadodara, which were thereafter, numbered as Sessions Case Nos.174 and and 175 of 2008.

(3.) ON the basis of above allegations, charge was framed against the appellants -accused vide Exh.4 and read -over and explained to the appellants -accused for the offences punishable under Sections -306, 498A and 114 of IPC read with Sections -3 and 5 of the Dowry Prohibition Act. Then plea was recorded, wherein, appellants -accused pleaded not guilty to the charge and claimed to be tried.