ISHWAR @ ISHU UKABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present conviction Appeal has been filed by the appellant original accused, under Section 374 of the Cr. P.C., against the Judgment and order dated 30.03.2010 passed by the learned Additional Sessions Judge and Presiding Officer, 2nd Fast Track Court, Amreli, Camp at Rajula, in Sessions Case No.93 of 2008, whereby the appellant -accused No.1 was convicted for the offence punishable under Section 304(1) of the Indian Penal Code and sentenced to undergo 10 years rigorous imprisonment with fine of Rs.25000/ -,in default of payment of fine, further simple imprisonment of 2 years and 6 months and for the offence punishable under Section 498 -A of the IPC and sentenced to undergo 1 year imprisonment with fine of Rs.1000/ -, in default of payment of fine, further imprisonment of 3 months. Original accused No.2 -Kaliben w/o Ukabhai Bholabhai was acquitted from the charges levelled against her.

(2.) ACCORDING to the prosecution case, one Jivabhai Bhaliya Kharva, resident of District Amreli, Jafrabad was living with his family members and was doing business of Fisheries in his boat named Laxmiprasad. He has 5 daughter and two sons. His elder sister married to one Babu Gabha resident of Jafrabad and younger sister Sunita married to one Ishwarbhai @Iku Ukabhai Solanki of Jafrabad. On 22.09.2008, when the complainant had gone for fishing in the sea, he received wireless message to immediately return back to his home. It is further the case of the prosecution that his son Rajesh informed that Sunita committed suicide by hanging herself. The complainant and his family members immediately rushed to to her daughter home at Mota Khara, where they found her daughter lying on the coat. Thereafter, clothes from the body were removed and one neck injury was found. Therefore, the complainant went to the police station for registration of the complaint. It was stated by the complainant that after marriage of Sunita, she was sent to her in -laws house and resided there for about 6 to 7 months. But due to harassment and cruelty meted out by her mother -in -law and husband, she came back to her parental home and stayed for about 8 to 9 months. The said disputed was settled by persons of the community. Prior to 2 months of the incident, she was sent back to her in -laws house. During that period, when she came to parental house, she complained that her mother in law and husband told that she was not liked by them and thereby gave mental and physical torture. So, in result of the said abetment, instigation and provocation, she committed suicide. Thereafter, investigation was carried out and panchnama of place was drawn. Dead body of the deceased sent to hospital for Post -mortem. Then, appellants -accused were arrested and muddamal recovered from the place of offence. PM note was tagged with the investigation papers. Thereafter, the chargesheet was filed against the appellants -accused for the offences punishable under Sections -302, 498A, 201 and 34 of the IPC against the appellants -accused before the learned Judicial Magistrate First Class, Rajula. As the said case was exclusively triable by the Court of Sessions, learned Judicial Magistrate First Class, Rajula, committed the case to learned Additional Sessions Judge and Presiding Officer, 2nd Fast Track Court, Amreli, Camp at Rajula, which was thereafter, numbered as Sessions Case No.93 of 2008.

(3.) ON the basis of above allegations, charge was framed against the appellants -accused vide Exh.2 and read -over and explained to the appellant -accused for the offences punishable under Sections 302, 498A, 201 and 34 of the Indian Penal Code. Then plea was recorded at Exh.3 and 4, wherein, appellants -accused pleaded not guilty to the charge and claimed to be tried.