PINAKIN MADHAVLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SINCE , all the appeals arise out of a common judgment and order of the trial Court, they are heard together and disposed of by this common judgment.

(2.) ALL these appeals are arising from the judgment and order dated 20.05.1993 passed by learned Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No.149 of 1993, whereby the learned Additional Sessions Judge, Ahmedabad (Rural) acquitted original accused nos.2 to 9 for the offences under Sections 498(A) and 306 of the Indian Penal Code (for short "IPC") and also acquitted original accused no.1 for the offence under Section 306 of IPC. The learned Additional Sessions Judge, Ahmedabad (Rural) convicted and sentenced original accused no.1 for the offence under Section 498(A) of the IPC and sentenced him to rigorous imprisonment for two years with a fine of Rs.5,000/ -, in default, to further undergo rigorous imprisonment for 1 year.

(3.) THE brief facts of the prosecution case are that the complainant is the father of deceasedSaroj, who was married with original accused no.1 -Pinakin Madhavlal. Deceased -Saroj was the eldest daughter of the complainant. The marriage of the deceased with original accused no.1 was taken place in the year 1982 and thereafter, original accused no.1 was residing with his father and other family members. There are three children of the said marriage, one is a son aged about 6 years and two daughters aged about 5 years and 2 years. It is further case of the prosecution that there were good relation between the deceased and original accused no.1 and quarrels were stared in the family in respect of household work. That original accused no.1, his father and other family members used to harass the deceased and Rs.20,000/ - was demanded by original accused no.1, his father Madhavlaloriginal accused no.2, original accused no.1's brother Mukundkumar -original accused no.3. It is further case of the prosecution that the said demand of Rs.20000/ - was made for starting a business for original accused no.1 and his brother -Mukundkumar. Since last about two years before the day of incident, the said demand was made vigorous. It is further case of the prosecution that deceased used to tell her parents about the said demand and the mental and physical harassment caused by the original accused no.1 and his family members. Original accused no.1, his father and other family members had been formerly residing at Sanand where the relatives of the father of deceased Saroj had gone and persuaded them not to quarrel with deceased and harass her. Further, original accused no.1 demanded golden ring, wrist watch, golden chain, scooter, sofa set , camera from the deceased and also demanded Rs.20000/ - from her but the said demand was not fulfilled and all the accused persons caused mental and physical harassment to the deceased. Because of harassment, deceased committed suicide by setting herself on fire. Thereafter, the deceased was taken to the Government Hospital, wherein she was declared dead. Therefore, a complaint was lodged by the complainant with Sabarmati Police Station, Ahmedabad.