HARSHADBHAI BHUDARBHAI PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal, filed under Section 374 of the Criminal Procedure Code, 1973 (for brevity, 'the Code) by the appellant ­ original accused against conviction, assails the judgment and order dated 26/07/2000, passed by the learned Additional Sessions Judge, Court No. 13, Ahmedabad in Sessions Case No. 124 of 1998, whereby, while acquitting the original accused No. 2 from all the charges levelled against her, the appellant original accused No. 1 came to be convicted for the offences punishable under Sections 498A and 306 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and for the offence punishable under Section 498A of the IPC, he was sentenced to undergo rigorous imprisonment for two years and a fine of Rs.1,000/ and in default of payment of fine, to further undergo simple imprisonment for three months, whereas, for the offence punishable under Section 306 of the IPC, he was sentenced to undergo rigorous imprisonment for three years and a fine of Rs.2,000/ and in default of payment of fine, to undergo, further simple imprisonment for six months.

(2.) Brief facts of the prosecution case are that deceased Varshben was married to the present appellant ­ original accused No. 1 and out of the said wedlock, they had two children. She was residing in the joint family at her matrimonial place when on 19/09/1997, she set her ablaze by pouring kerosene and accordingly, she was shifted hospital, where, in the complaint as well as in the Dying Declaration, the details of cruelty being perpetrated to her by the accused were narrated. She ultimately succumbed to the injuries sustained by her. Thus, the accused alleged to have committed the offence alleged against them, for which, a complaint also came to be lodged.

(3.) Heard Mr. J. M. Buddhbhatti, learned advocate for the appellant ­ original accused No. 1 and Mr. K. L. Pandya, learned Additional Public Prosecutor, for the respondent State.