RAVAL SAVITABEN LILABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these appeals arise out of a common judgment and order dated 08.10.2010 passed by the 2nd Additional Sessions Judge, Mehsana in Sessions Case No. 58 of 2010 whereby original accused Nos. 1 & 2 were convicted for the offence punishable under Sec. 302 and 498(A) of Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs. 2,000/ -, in default, simple imprisonment for three months under Sec. 302 of Indian Penal Code. The accused were also sentenced to undergo rigorous imprisonment for six months and fine of Rs. 500/ - in default simple imprisonment for fifteen days under Sec. 498(A) of Indian Penal Code. Being aggrieved by the said conviction, original accused Nos. 1 & 2 have preferred Criminal Appeal No. 1670 of 2012 and Criminal Appeal No. 1488 of 2011 respectively.

(2.) The facts and circumstances as per the prosecution case giving rise to the present appeal are as under:

(3.) Mr. P.V. Patadiya, learned advocate appearing for the appellants assailed the judgment of conviction as being contrary to law and the facts of the case and that the prosecution has not proved the case beyond reasonable doubt. At the very outset, learned advocate submitted that both the accused persons were in no way involved in the commission of the alleged offence. He submitted that except the dying declaration, the complaint and the history recorded before the doctor, there is no other evidence corroborating the same he submitted that majority of the witnesses have turned hostile. He submitted that considering the cause of death and the nature of injuries it is evident that the deceased had committed suicide and therefore the appellants are required to be granted benefit of doubt. He submitted that even the possibility of accidental death cannot be ruled out.