SHARDABEN MAHENDARABHAI PAREKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals have been preferred under Section 374 (2) of the criminal Procedure Code, 1973 and challenged the judgment and order of conviction rendered by the learned Additional City Sessions Judge, Ahmedabad City on 23. 08. 1999 in sessions Case No. 176 of 1996 convicting the appellant Shardaben Mahendra Parekh for the offences punishable under Sections 498 (A) and 302 of IPC. , sentencing her to undergo imprisonment for one and half year and to pay fine of Rs. 500/- in default thereof, to undergo imprisonment for one month, for the offence under Section 498 (A) of the IPC and to undergo life imprisonment and to pay fine of Rs. 1,000/- in default to undergo imprisonment for three months for the offence under Section 302 of IPC and convicting appellant Dineshbhai Mahendrabhai Parekh for offence punishable under Section 498 (A)of the IPC, and sentencing him to undergo imprisonment for one and half year and to pay of rs. 500/- in default, thereof to undergo imprisonment for one month.

(2.) IN brief, the prosecution case was that deceased-Giraben Dineshbhai was married to appellant-Dineshbhai Mahendfabhai on 07. 02. 1993 and was residing with her husband at 68, Hariganga Society, Odhav, Ahrnedabad. Appellant-Shardaben Parekh was mother-in-law of deceased Giraben and mother of appellant-Dineshbhai. Since before one month of incident appellant Shardaben started inflicting physical and mental cruelty to Giraben for house hold work. On 20. 01. 1996 at about 17. 30 hours, appellant Shardaben dragged giraben into the bathroom and ignited match stick after pouring Kerosene over her. On account of this, Giraben sustained burn injureis. People got together as Giraben raised shouts and fire was extinguished by them. Giraben was taken to the hospital for treatment and police was called. She lodged FIR with Odhav Police Station, Ahrnedabad. The executive Magistrate was called and dying-declaration of deceased Giraben was recorded. Giraben succumbed to injuries on 23. 01. 1996.

(3.) ON the basis of FIR lodged by Giraben an offence was registered as I-CR No. 30/96 at Odhav Police Station, Ahrnedabad and investigations was started. During the course of investigation, the Panchnama scene of offence, Inquest Panchnama and Panchnama of mudamal were drawn. The dead body of Giraben was send for Post-mortem. Accused were arrested. On completion of investigation, charge-sheet was lead before the learned metropolitan Magistrate, Ahmedabad for the offence punishable under Sections 302 and 498 (A) of the Indian Penal Code (for short "ipc ). As the offence was exclusively triable by the Sessions Court, the case was committed to the City Sessions Court, Ahmedabad and it was registered as Sessions Case No. 176 of 1996.