ASHWIN KHODABHAI PIPARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this Appeal under Section 374 of the Code of Criminal Procedure against the judgment and order of conviction and sentence dated 8.6.2012 passed by the learned 2nd Additional Sessions Judge, Jamangar, in Sessions Case No.146 of 2009, whereby the learned Sessions Judge has convicted and sentenced the appellant to undergo R.I. for ten years with a fine of Rs.1,000/ -, in default, one month more S.I. for the offence punishable under Section 306 of the Indian Penal Code and also ordered to undergo R.I. for three years and to pay a fine of Rs.1,000/ -, in default, further S.I. for six months for the offence punishable under Section 498(A) of the Indian Penal Code. Both the sentences shall run concurrently.

(2.) THE facts in brief are such that the marriage of the daughter of the complainant was solemnized with the appellant before one year from the date of incident. The daughter of the complainant was residing with appellant i.e. at her matrimonial home. It is the case of the prosecution that the appellant, his mother and father i.e. accused Nos.2 and 3 were harassing physically and mentally to the daughter of the complainant. The appellant and other accused usually taunted the daughter of the complainant by saying that she did not know any kind of household work and to get money and dowry from her parental home. Therefore, the deceased as a last resort, committed suicide by consuming poison. Therefore, compliant was registered before Dhrol Police Station being C.R. No.34 of 2009 for the offences punishable under Sections 304(B), 306, 498(A), 323, 201 and 114 of the Indian Penal Code, against the appellant. During the course of investigation, various statements of witnesses were recorded and panchnama came to be drawn and on completion of investigation, charge -sheet was filed before the Judicial Magistrate First Class, Dhrol. As the case was exclusively triable by the Court of Sessions, the same was committed under Section 209 of the Code of Criminal Procedure to the Court of Sessions and same was registered as Sessions Case No. 146 of 2009.

(3.) TO prove the case against the appellants, the prosecution produced several documentary evidence and also examined following witnesses before the Sessions Court.