STATE OF GUJARAT Vs. PRAVINBHAI RAMABHAI MAHIRE

JUDGEMENT

(1.) Both these appeals have been preferred by the State against the judgment and order dated 27-12-2006 passed by the learned 2nd Additional Sessions Judge, Surat, in Sessions Case No.158 of 2006 whereby the original accused has been convicted and sentenced to undergo RI for five years with fine of Rs.10,000/-, in default, to suffer further RI for one year for the offence punishable under section 304 Part-II of Indian Penal Code (hereinafter referred to as "IPC" for short). Original accused was however acquitted for the offence punishable under sections 302 and 498-A of IPC and sections 3, 4 and 7 of the Dowry Prohibition Act. Original accused was given set off for the period undergone in jail. Criminal Appeal No.255 of 2007 has been filed for enhancement of sentence. However, Criminal Appeal No.789 of 2008 has been filed for acquittal of the original accused for the offence punishable under sections 302 and 498- A of IPC and sections 3, 4 and 7 of the Dowry Prohibition Act.

(2.) Short facts of the prosecution case are that a complaint was lodged by the complainant-deceased Alkaben against the accused before Hospital Duty Constable at New Civil Hospital, Surat, alleging inter alia that the victim had married to the accused and only eight months prior to the incident in question, the accused was torturing her mentally and physically for dowry and therefore, on 20-3-2006 at about 11 p.m., when the deceased tried to commit suicide by pouring kerosene on her, accused tried to snatch away the matchstick from the deceased.

(3.) Heard learned APP, Ms.C.M.Shah for the appellant-State and learned advocate, Mr.Shailesh C.Sharma for the original accused.