RAMACHAL BHAGIRATHI MISHRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) (Oral) - Present appeal, filed by the appellants - original accused, is directed against the judgment and order dated 08/09/1998, passed by the learned Additional Sessions Judge, Vadodara, in Sessions Case No. 45 of 1995, whereby, the appellants - original accused came to be convicted for the offences punishable under Sections 304-B and 114 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo simple imprisonment for seven years.

(2.) Filtering the unnecessary details, the facts of the prosecution case are that prior to about six months of the incident in question, marriage of the appellant No. 3 - original accused No. 3 and deceased - Neelam was solemnized. It is, inter alia alleged in the complaint filed by complainant - Arunaben Sitaram Mishra, the mother of the deceased, that after the marriage, the appellants - accused started demanding dowry and on that count, also started physically and mentally harassing and torturing her deceased daughter and when she failed to keep the head above water, the deceased, on 19/09/1994, at about 21:00 hours, committed suicide by setting her ablaze by pouring kerosene at her matrimonial home. Thus, the appellants - accused alleged to have committed the offence in question for which a complaint came to be lodged against them for the offences punishable under Sections 304-B and 114 of the IPC.

(3.) Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Sessions Court, at Vadodara. The trial Court framed charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution produced oral as well as documentary evidence. In order to bring home the charge against the appellants - accused, the prosecution has examined following witnesses and also produced several documentary evidence, as under: ORAL EVIDENCE <FRM>JUDGEMENT_312_LAWS(GJH)6_2016_1.html</FRM> DOCUMENTARY EVIDENCE <FRM>JUDGEMENT_312_LAWS(GJH)6_2016_2.html</FRM>