NARENDARABHAI KANTIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this appeal the original accused has challenged the judgment and order dated 14.10.1999 rendered by the learned Sessions Judge, Nadiad in Sessions Case No. 322 of 1998, whereby the accused is sentenced to life term under Sec. 302 of IPC. For the offence under Sec. 201 of IPC the accused is convicted to suffer rigorous imprisonment of 3 years and to pay fine of Rs. 3000/ -, in default, to undergo rigorous imprisonment for 6 months. For offence under Sec. 498A of IPC, the accused is sentenced to suffer rigorous imprisonment for 2 years and to pay fine of Rs. 2000/ -, in default, to undergo rigorous imprisonment for 3 months. The accused has also been convicted to suffer rigorous imprisonment for 6 months under Ss. 4 and 5 of the Prohibition of Dowry Act, and to pay fine of Rs. 1000/ -, in default, to further undergo rigorous imprisonment for 1 month. The Trial Court has been pleased to give set off for the period he underwent in Jail. The Trial Court further ordered to pay a sum of Rs. 5000/ - to minor - Krunal out of the amount realised from the accused by way of fine.

(2.) It is the case of the prosecution that marriage of the accused and deceased - Prafulaben had taken place 10 years prior to the date of the incident in question. It is alleged that the accused was demanding cash and golden ornaments from the deceased. The deceased was subjected to beating, harassment and mental torture for not fulfilling the said demands. The complainant herein is biological brother of the deceased. On 03.09.1998 at about 7 o' clock the complainant had received message that the deceased was burnt and had sustained injuries. Therefore, the complainant and others went to the house of the accused and saw the dead body of the deceased in burnt condition. When cause of the incident was tired to be ascertained the complainant could not get satisfactory reply. The complainant has, therefore, filed the present complaint against the accused under Sec. 498A of the IPC. On complaint having been filed investigation was carried out and accused came to be arrested. At the end of investigation charge sheet was filed against the accused before the learned Magistrate. Since the offence was exclusively triable by the Court of Sessions the case was committed to the Sessions Court, which was numbered as Sessions Case No. 322 of 1998. Ultimately, trial was initiated and charge came to be framed vide Exh. 3. The accused had pleaded not guilty to the charge and claimed to be tried.

(3.) In order to prove the case against the accused, the prosecution had examined the following witnesses: