VALJIBHAI DAYABHAI MOKANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BOTH these appeals are arising out of common impugned judgment and order dated 23.2.2011 in Sessions Case no.106 of 2008 by the Addl.Sessions Judge and Presiding Officer, Fast Track Court no.2 of Bhavnagar, camp at Botad whereby the trial Court has convicted the accused and awarded R.I for 7 years with fine of Rs.5000/ - and in default of payment of fine, S.I of one year u/s.306 of IPC, whereas two years S.I with Rs.1000/ - fine, and in default, two months S.I u/s.498A of the IPC because of unnatural death of wife of one of the accused, namely, Valjibhai Dayabhai Mokani. The second appeal is by the complainant for enhancement of sentence.

(2.) I have heard learned senior counsel Mr.B.B.Naik with Mr.Pravin Gondaliya and learned advocate Mr.H.B.Champavat appearing for ld.advocate Mr.R.J.Goswami for both the appellants and learned APP Ms.Reeta Chandarana for the respondent - State. I have also perused the record and proceedings. The trial Court has described the factual details of complaint, investigation and evidence in detail in the impugned judgment and, therefore, I do not wish to reproduce the story and history herein except to recollect that prosecution has examined six witnesses and produced 18 documentary evidence to prove its case.

(3.) THE case is one of circumstantial evidence against both the accused being brothers, when wife of one of the accused has committed suicide in absence of both of them. The evidence and submission of all the advocates are considered jointly to avoid repetition of the entire story and fact.