RAFIQBHAI HABIBBHAI QURESHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal is directed against judgment and order dated 30th April, 2008 passed in Sessions Case No.72 of 2007 by learned Sessions Judge, Amreli. The Court below tried two accused being the appellant herein as well as Faridaben-accused No.2 being the wife of the appellant-accused No.1, for the offences punishable under Sections 498-A, 306, 114 of the Indian Penal Code, 1860.

(2.) The appellant came to be convicted for the said offences; he was sentenced to undergo rigorous imprisonment for two years and to pay fine of Rs.01,000/- and in default, to undergo three months simple imprisonment, in respect of conviction under Section 498-A, IPC. For conviction recorded under Section 306, IPC, the appellant came to be sentenced to 10 years rigorous imprisonment and to pay fine of Rs.10,000/- and in default of payment of fine, to undergo simple imprisonment for further one year. All the sentences were ordered to run concurrently with the benefit of set-off, etc. Accused No.2 came to be acquitted.

(3.) The prosecution case revealed from the complaint dated 09th June, 2007 (Exh.30), filed by mother of the deceased-Zubedaben, was inter alia that her daughter-the deceased had married before 10 years with one Rafikbhai Habibahai of Bhavnagar. Out of the wedlock, they had four children. In the initial years the married life proceeded smooth, however since last five years, the appellant-accused Rafik was used to harass and beat her daughter, stated the complainant. Therefore she was used to come to parental house making complaints about the behaviour of the husband, but the complainant used to persuade her. The appellant contracted second marriage with accused No.2. All had been staying together at Bhavnagar, however because of harassment, the deceased with her four children started staying separately. It was stated that since last one year the deceased was at her parental home and had been residing there with children. She took poison on 06th June, 2007 at her parental home and died at Amreli Civil Hospital on 08th June, 2007 in the evening hours at around 07.30 p.m. Against both the accused, the offences as above were alleged and registered.