STATE OF GUJARAT Vs. MANUBHAI RATILAL THAKKAR

JUDGEMENT

(1.) ALL these appeals are arising from the judgment and order dated 9.10.1991 passed by learned Sessions Judge, Ahmedabad (Rural) at Mirzapur, in Sessions Case No.65 of 1989, whereby the accused have been acquitted of the charges for offence under Section 306 read with Section 114 of the Indian Penal Code, however, they are convicted for the offence under Section 498 -A read with Section 114 of the Indian Penal (herein after referred to as "IPC" for short) and following sentences are imposed upon the accused persons. The accused no.1 was ordered to suffer simple imprisonment for six months and pay fine of Rs.500/ - and in default of payment of fine, he was ordered to undergo simple imprisonment for one month. The accused no.2 was ordered to suffer simple imprisonment for one month, while accused no.3 was ordered suffer simple imprisonment for 15 days, however, both of them were ordered to pay fine of Rs.100/ - and in default of payment of fine, they were ordered to undergo simple imprisonment for 15 days. Accused nos.4 and 5 were ordered to suffer simple imprisonment for one month and pay fine of Rs.200/ - and in default of payment of fine, they were ordered to undergo simple imprisonment for 15 days.

(2.) THE case of the prosecution is that on 20.1.1988 at about 11.30 a.m. Mrs.Jyotsanaben who was residing opposite old Miranagar, Vejalpur, Ahmedabad had committed suicide by pouring kerosene on herself due to mental and physical cruelty meted out to her by her in -laws. In connection with the offence, the accused persons were arrested and charge sheet was submitted for the offences punishable under Sections 306, 498 -A read with section 114 of IPC. The learned Sessions Judge, Ahmedabad (Rural) at Mirzapur, after recording the evidence of the prosecution witnesses and after recording the plea of the accused by judgment and order dated 9.10.1991 acquitted the accused of the charges for offence under Section 306 of IPC and convicted the accused for the offences punishable under Section 498 - A of the IPC and sentenced them as aforesaid.

(3.) BEING aggrieved and dissatisfied with the said judgment and order of acquittal for offence under Section 306 of IPC, the State has preferred Criminal Appeal No.37 of 1992. While Criminal Appeal No.38 of 1992 is preferred by the State for enhancement of sentenced imposed upon the accused persons for offence under Section 498 -A read with Section 114 of IPC. Criminal Appeal No.818 of 1991 is preferred by the accused persons against their conviction for offence under Section 498 -A of IPC.