SHAKIL AHEMAD MOHMADHANIR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the appellants under Section 374 of the Criminal Procedure Code, against the judgment and order dated 9.7.1997 passed by learned Additional City Sessions Judge, Ahmedabad in Sessions Case No.371 of 1993, whereby the appellants -accused were convicted for the offence under Sections 498 (A) and 306 of the Indian Penal Code (herein after referred to as "IPC" for short). By the impugned judgment, for offence under Section 498 (A), the appellants were sentenced to undergo rigorous imprisonment for a period of one year and ordered to pay fine of Rs.500/ - each and, in default of payment of fine, imprisonment for a period of two months was imposed. For offence under Section 306, the appellants were sentenced to undergo rigorous imprisonment for a period of five years and ordered to pay fine of Rs.500/ - each and, in default of payment of fine, imprisonment for a period of two months was imposed.

(2.) THE case of the prosecution in short is that Shamabanu, the daughter of complainant Gafurbhai Mohmadbhai Shaikh was married with the appellant No.1 three years back. The appellant no.1 is husband of deceased Shamabanu. The appellant no. 2 is mother -inlaw of the deceased. The third accused Hanifabibi, wife of Yusufbhai Abdulmajid, who is acquitted, is the sister of the accused no.1. It is alleged by the prosecution that the deceased Shamabanu was illtreated, harassed and because of that she consumed some poisonous medicine on 15.1.1992 at about 11.15 hours and committed suicide. It is alleged by the prosecution that she consumed medicine used for the purpose of killing bug. According to the prosecution after marriage the deceased resided with the appellants and as stated in the complaint of the complainant the accused used to gamble and did not earn anything and she was mentally harassed and no sufficient food was given to her and that she used to go to the house of the parents and used to report regarding the ill -treatment, cruelty etc. Out of the wed -lock two children have born; first was the son, who is a minor child alive and residing with the complainant at present. The second female child was born to her at the seventh month of her delivery period. It is alleged by the prosecution that because of the illtreatment and demand of money etc. and dowry also she used to go to her parents and they used to give her Rs.100/ - or Rs.150/ - for household purpose. That as stated above from the complaint of Gafurbhai Mohmad, father of the deceased, the Gomtipur Police registered Crime Register No. 460 of 1992 against the accused.

(3.) MR .MTM Hakim, learned advocate for the appellants submitted that appellant no.2 has passed away during the pendency of this appeal. Therefore, appeal qua her stands abated.