ALTAFBHAI (ABDUS) SATTARBHAI DERAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeals have been filed by the appellantsaccused against the judgment and order of conviction dated 03.08.2012 passed by learned Sessions Judge, Amreli in Sessions Case No.69 of 2011, whereby the learned Trial Court convicted and sentenced the accused persons as under:

(2.) The common brief facts of the prosecution case are that Reshmaben wife of the original accused no.1-Alfta was hailing from Sihor and they got married six months prior to the incident. The marriage took place in a mass marriage ceremony held at Bhavnagar. It is further case of the prosecution that after Reshmaben joined the matrimonial home, the mental harassment under the guise of not bringing proper and adequate dowry was started. It was also alleged in the FIR by the informant, who happens to be the father of Reshmaben, that when his daughter requested her-in-law to permit her to go to Bhadia to attend the Urs Ceremony, original accused nos.1 and 4 had told her to go to graveyard instead. Ultimately on 14.06.2011, the first information received telephonic message from Amreli that his daughter Reshmaben has consumed poison and was admitted to Civil Hospital, Amreli. Thereafter, the first information received the message regarding the death of his daughter. Thereafter, a complaint was lodged against the accused persons.

(3.) After completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Sessions Judge, Amreli, which was, thereafter, numbered as Sessions Case No.69 of 2011.