STATE OF GUJARAT Vs. DEEPAK AND ORS.

JUDGEMENT

(1.) By way of present Appeal, the appellant State challenge the judgment and order dated 24.6.2005 passed by the learned Additional Sessions Judge and Fast Track Court No.6, Vadodara, in Sessions Case No.13 of 2005, whereby the learned Sessions Judge has convicted the respondents accused persons for offences punishable under Section 498(A) read with Section 114 of the Indian Penal Code and sentenced to undergo one year simple imprisonment and to pay fine amount of Rs.200/-, in default of payment of fine, further simple imprisonment of one month. The learned Sessions Judge was pleased to convict the accused No.1 for the offence punishable under Section 323 of the Indian Penal Code, but no separate sentence was imposed upon him. Learned Sessions Judge was pleased to give benefit of probation under Section 4,1, 3 of Probation of Offenders Act as well as Section 360 of the Code of Criminal Procedure to the respondent No.2 and thereby suspended sentence for the offence punishable under Sections 498(A) read with Section 114 of the Indian Penal Code. The learned Sessions Judge was also pleased to acquit the accused No.2 for the offence punishable under Section 504 of the Indian Penal Code and he was also pleased to acquit the accused Nos.1 and 2 for the offence punishable under Sections 306 read with Section 114 of the Indian Penal Code.

(2.) Short facts of the case of the prosecution are such that the complainant Kamlaben, wife of the accused respondent No.1 filed complaint before "C" Division Police Station at Vadodara against the respondents for the offences punishable under Sections 323, 504, 498(A), 306 and 114 of the Indian Penal Code. It is the case of the prosecution that the complainant belonged to Marathi community and prior to 11 years from the date of incident, she was married with the accused accused respondent No.1 by way of love marriage. During her wedlock period, the complainant gave birth two children i.e. son and daughter. The complainant and her mother-in-law were residing separately in the same premise. As per the case of the prosecution, on 23.10.2004, the respondents accused were suspecting about the character of the complainant and she was beaten by the respondent No.1 and the respondent No.2 gave filthy abuses to the complainant. The respondent No.2 had thrown away the the household materials and threatened the complainant to give divorce. As per the case of the prosecution, the respondent No.1 was present at that relevant point of time, as he was sleeping in the house. Thus, the accused persons with abetment of each other caused physical and mental torture to the complainant and therefore, the complainant by pouring kerosene on her and setting her at fire and thereby committed suicide and during the course of medical treatment, she died. Thereafter, said accused were also arrested. The statements of witnesses were recorded and thereafter, charge-sheet was filed against the accused before the learned Judicial Magistrate First Class, Vadodara, who in turn committed the case to the Court of Sessions as the same was exclusively triable by the Court of Sessions. The accused pleaded not guilty for the charge and claimed to be tried.

(3.) Heard learned APP Mrs. Punani appearing for the appellant State and learned advocates Mr. Buddhbhatti along with Ms. Krishna Mishra for the respondents.